[atlas:bill]

AN ACT Relating to the uniform regulation of business and professions pertaining to programs administered by the department of licensing; amending RCW 18.08.340, 18.08.380, 18.08.420, 18.08.440, 18.11.085, 18.11.095, 18.11.100, 18.11.160, 18.11.180, 18.11.200, 18.16.030, 18.16.060, 18.16.150, 18.16.175, 18.16.200, 18.39.300, 18.39.350, 18.39.410, 18.39.530, 18.43.035, 18.43.105, 18.43.110, 18.43.130, 18.85.040, 18.85.230, 18.85.261, 18.85.271, 18.96.060, 18.96.120, 18.96.140, 18.140.030, 18.140.160, 18.140.170, 18.165.160, 18.165.170, 18.170.170, 18.170.180, 18.185.110, 18.185.120, 18.185.140, 18.185.170, 18.210.020, 18.210.030, 18.210.060, 18.210.160, 18.220.040, 18.220.050, 18.220.130, 18.220.150, 19.16.120, 19.16.351, 19.31.070, 19.31.130, 19.105.350, 19.105.380, 19.105.440, 19.105.470, 19.138.120, 19.138.130, 19.138.170, 19.138.180, 19.138.200, 19.138.240, 19.158.040, 19.158.050, 42.44.030, 42.44.060, 42.44.160, 42.44.170, 42.44.190, 46.72.100, 46.72A.100, 64.36.040, 64.36.090, 64.36.100, 64.36.195, 64.36.200, 64.36.220, 64.36.230, 67.08.010, 67.08.015, 67.08.017, 67.08.090, 67.08.100, 67.08.110, 67.08.130, 67.08.140, 67.08.180, 67.08.300, 68.05.105, 68.05.170, 68.05.235, 68.05.259, 68.05.300, 68.05.310, 68.05.320, 68.05.330, 68.05.340, 68.05.350, 79A.60.480, and 79A.60.490; reenacting and amending RCW 18.145.050; adding a new section to chapter 18.08 RCW; adding a new section to chapter 18.11 RCW; adding a new section to chapter 18.16 RCW; adding a new section to chapter 18.39 RCW; adding a new section to chapter 18.43 RCW; adding a new section to chapter 18.85 RCW; adding a new section to chapter 18.96 RCW; adding new sections to chapter 18.140 RCW; adding a new section to chapter 18.145 RCW; adding a new section to chapter 18.165 RCW; adding a new section to chapter 18.170 RCW; adding a new section to chapter 18.185 RCW; adding a new section to chapter 18.210 RCW; adding a new section to chapter 18.220 RCW; adding a new section to chapter 19.16 RCW; adding a new section to chapter 19.31 RCW; adding a new section to chapter 19.105 RCW; adding a new section to chapter 19.138 RCW; adding a new section to chapter 19.158 RCW; adding a new section to chapter 42.44 RCW; adding a new section to chapter 46.72 RCW; adding a new section to chapter 46.72A RCW; adding a new section to chapter 64.36 RCW; adding a new section to chapter 67.08 RCW; adding a new section to chapter 68.05 RCW; adding a new section to chapter 79A.60 RCW; adding a new chapter to Title 18 RCW; creating a new section; repealing RCW 18.08.450, 18.39.400, 18.39.430, 18.39.440, 18.39.460, 18.39.470, 18.39.480, 18.39.490, 18.39.500, 18.39.510, 18.39.520, 18.39.540, 18.39.550, 18.43.140, 18.85.251, 18.85.360, 18.96.130, 18.140.180, 18.165.190, 18.165.200, 18.165.240, 18.165.250, 18.165.260, 18.170.190, 18.170.200, 18.170.240, 18.170.250, 18.170.260, 18.170.270, 18.185.150, 18.185.160, 18.185.180, 18.185.190, 19.16.360, 19.16.380, 19.16.400, 19.105.460, 19.138.190, 19.138.210, 19.138.220, 19.138.230, 19.138.300, 19.158.060, 64.36.180, 64.36.190, 64.36.280, 64.36.300, 67.08.120, 67.08.210, 67.08.230, 67.08.250, and 67.08.260; prescribing penalties; and providing effective dates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

PART 1

NEW SECTION. Sec. 101. It is the intent of the legislature to consolidate disciplinary procedures for the licensed businesses and professions under the business and professions division of the department of licensing by providing a uniform disciplinary act for businesses and professions with standardized procedures for the regulation of businesses and professions and the enforcement of laws, the purpose of which is to assure the public of the adequacy of business and professional competence and conduct.

It is also the intent of the legislature that all businesses and professions newly credentialed by the state and regulated by the business and professions division of the department of licensing come under this chapter.

NEW SECTION. Sec. 102. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Board" means those boards specified in section 103(2)(b) of this act.

(2) "Department" means the department of licensing.

(3) "Director" means the director of the department or director's designee.

(4) "Disciplinary action" means sanctions identified in section 112 of this act.

(5) "Disciplinary authority" means the director, board, or commission having the authority to take disciplinary action against a holder of, or applicant for, a professional or business license upon a finding of a violation of this chapter or a chapter specified under section 103 of this act.

(6) "License," "licensing," and "licensure" are deemed equivalent to the terms "license," "licensing," "licensure," "certificate," "certification," and "registration" as those terms are defined in RCW 18.118.020. Each of these terms, and the term "appointment" under chapter 42.44 RCW, are interchangeable under the provisions of this chapter.

(7) "Unlicensed practice" means:

(a) Practicing a profession or operating a business identified in section 103 of this act without holding a valid, unexpired, unrevoked, and unsuspended license to do so; or

(b) Representing to a consumer, through offerings, advertisements, or use of a professional title or designation, that the individual or business is qualified to practice a profession or operate a business identified in section 103 of this act without holding a valid, unexpired, unrevoked, and unsuspended license to do so.

NEW SECTION. Sec. 103. (1) This chapter applies only to the director and the boards and commissions having jurisdiction in relation to the businesses and professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The director has authority under this chapter in relation to the following businesses and professions:

(i) Auctioneers under chapter 18.11 RCW;

(ii) Bail bond agents under chapter 18.185 RCW;

(iii) Camping resorts' operators and salespersons under chapter 19.105 RCW;

(iv) Commercial telephone solicitors under chapter 19.158 RCW;

(v) Cosmetologists, barbers, manicurists, and estheticians under chapter 18.16 RCW;

(vi) Court reporters under chapter 18.145 RCW;

(vii) Employment agencies under chapter 19.31 RCW;

(viii) For hire vehicle operators under chapter 46.72 RCW;

(ix) Limousines under chapter 46.72A RCW;

(x) Notaries public under chapter 42.44 RCW;

(xi) Private investigators under chapter 18.165 RCW;

(xii) Professional boxing, martial arts, and wrestling under chapter 67.08 RCW;

(xiii) Real estate appraisers under chapter 18.140 RCW;

(xiv) Real estate brokers and salespersons under chapters 18.85 and 18.86 RCW;

(xv) Security guards under chapter 18.170 RCW;

(xvi) Sellers of travel under chapter 19.138 RCW;

(xvii) Timeshares and timeshare salespersons under chapter 64.36 RCW; and

(xviii) Whitewater river outfitters under chapter 79A.60 RCW.

(b) The boards and commissions having authority under this chapter are as follows:

(i) The state board of registration for architects established in chapter 18.08 RCW;

(ii) The cemetery board established in chapter 68.05 RCW;

(iii) The Washington state collection agency board established in chapter 19.16 RCW;

(iv) The state board of registration for professional engineers and land surveyors established in chapter 18.43 RCW governing licenses issued under chapters 18.43 and 18.210 RCW;

(v) The state board of funeral directors and embalmers established in chapter 18.39 RCW;

(vi) The state board of registration for landscape architects established in chapter 18.96 RCW; and

(vii) The state geologist licensing board established in chapter 18.220 RCW.

(3) In addition to the authority to discipline license holders, the disciplinary authority may grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered under section 112 of this act by the disciplinary authority.

NEW SECTION. Sec. 104. The disciplinary authority has the power to:

(1) Adopt, amend, and rescind rules as necessary to carry out the purposes of this chapter, including, but not limited to, rules regarding standards of professional conduct and practice;

(2) Investigate complaints or reports of unprofessional conduct and hold hearings as provided in this chapter;

(3) Issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this chapter;

(4) Take or cause depositions to be taken and use other discovery procedures as needed in an investigation, hearing, or proceeding held under this chapter;

(5) Compel attendance of witnesses at hearings;

(6) Conduct practice reviews in the course of investigating a complaint or report of unprofessional conduct, unless the disciplinary authority is authorized to audit or inspect applicants or licensees under the chapters specified in section 103 of this act;

(7) Take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice or business pending proceedings by the disciplinary authority;

(8) Appoint a presiding officer or authorize the office of administrative hearings, as provided in chapter 34.12 RCW, to conduct hearings. The disciplinary authority may make the final decision regarding disposition of the license unless the disciplinary authority elects to delegate, in writing, the final decision to the presiding officer;

(9) Use individual members of the boards and commissions to direct investigations. However, the member of the board or commission may not subsequently participate in the hearing of the case;

(10) Enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

(11) Grant or deny license applications, secure the return of a license obtained through the mistake or inadvertence of the department or the disciplinary authority after providing the person so licensed with an opportunity for an adjudicative proceeding, and, in the event of a finding of unprofessional conduct by an applicant or license holder, impose any sanction against a license applicant or license holder provided by this chapter;

(12) Designate individuals authorized to sign subpoenas and statements of charges;

(13) Establish panels consisting of three or more members of the board or commission to perform any duty or authority within the board's or commission's jurisdiction under this chapter; and

(14) Contract with licensees, registrants, endorsement or permit holders, or any other persons or organizations to provide services necessary for the monitoring or supervision of licensees, registrants, or endorsement or permit holders who are placed on probation, whose professional or business activities are restricted, or who are for an authorized purpose subject to monitoring by the disciplinary authority. If the subject licensee, registrant, or endorsement or permit holders may only practice or operate a business under the supervision of another licensee, registrant, or endorsement or permit holder under the terms of the law regulating that occupation or business, the supervising licensee, registrant, or endorsement or permit holder must consent to the monitoring or supervision under this subsection, unless the supervising licensee, registrant, or endorsement or permit holder is, at the time, the subject of a disciplinary order.

NEW SECTION. Sec. 105. In addition to the authority specified in section 104 of this act, the director has the following additional authority:

(1) To employ investigative, administrative, and clerical staff as necessary for the enforcement of this chapter, except as provided otherwise by statute;

(2) Upon request of a board or commission, to appoint not more than three pro tem members as provided in this subsection. Individuals appointed as pro tem members of a board or commission must meet the same minimum qualifications as regular members of the board or commission. While serving as a pro tem board or commission member, a person so appointed has all the powers, duties, and immunities, and is entitled to the entitlements, including travel expenses in accordance with RCW 43.03.050 and 43.03.060, of a regular member of the board or commission; and

(3) To establish fees to be paid for witnesses, expert witnesses, and consultants used in any investigation or adjudicative proceedings as authorized by RCW 34.05.446.

NEW SECTION. Sec. 106. (1) If the disciplinary authority determines, upon investigation, that there is reason to believe a violation of section 114 of this act has occurred, a statement of charge or charges may be prepared and served upon the license holder or applicant. The statement of charge or charges must be accompanied by a notice that the license holder or applicant may request a hearing to contest the charge or charges. The license holder or applicant must file a request for a hearing with the disciplinary authority within twenty days after being served the statement of charges. The failure to request a hearing constitutes a default, whereupon the disciplinary authority may enter a decision on the facts available to it.

(2) If a hearing is requested, the time of the hearing must be fixed by the disciplinary authority as soon as convenient, but the hearing may not be held earlier than thirty days after service of charges upon the license holder or applicant, unless the disciplinary authority has issued a summary suspension or summary restriction, for which a hearing may be held sooner than thirty days after service of charges.

NEW SECTION. Sec. 107. The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern all hearings before the disciplinary authority. The disciplinary authority has, in addition to the powers and duties set forth in this chapter, all of the powers and duties under chapter 34.05 RCW, which include, without limitation, all powers relating to the administration of oaths, the receipt of evidence, the issuance and enforcing of subpoenas, and the taking of depositions.

NEW SECTION. Sec. 108. The department shall not issue a license to any person whose license has been previously denied, revoked, or suspended by the disciplinary authority for that profession or business, except in conformity with the terms and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplinary authority, or in accordance with the final judgment in any proceeding for review instituted under this chapter.

NEW SECTION. Sec. 109. An order pursuant to proceedings authorized by this chapter, after due notice and findings in accordance with this chapter and chapter 34.05 RCW, or an order of summary suspension entered under this chapter, takes effect immediately upon its being served. The order, if appealed to the court, may not be stayed pending the appeal unless the disciplinary authority or court to which the appeal is taken enters an order staying the order of the disciplinary authority, which stay shall provide for terms necessary to protect the public.

NEW SECTION. Sec. 110. An individual who has been disciplined or whose license has been denied by a disciplinary authority may appeal the decision as provided in chapter 34.05 RCW.

NEW SECTION. Sec. 111. A person whose license has been suspended or revoked under this chapter may petition the disciplinary authority for reinstatement after an interval of time and upon conditions determined by the disciplinary authority in the order. The disciplinary authority shall act on the petition in accordance with the adjudicative proceedings provided under chapter 34.05 RCW and may impose such conditions as authorized by section 112 of this act. The disciplinary authority may require successful completion of an examination as condition of reinstatement.

NEW SECTION. Sec. 112. (1) Upon finding unprofessional conduct, the disciplinary authority may issue an order providing for one or any combination of the following:

(a) Revocation of the license;

(b) Suspension of the license for a fixed or indefinite term;

(d) Satisfactory completion of a specific program of remedial education or treatment;

(e) Monitoring of the practice in a manner directed by the disciplinary authority;

(f) Censure or reprimand;

(g) Compliance with conditions of probation for a designated period of time;

(h) Payment of a fine for each violation found by the disciplinary authority, not to exceed five thousand dollars per violation. The disciplinary authority must consider aggravating or mitigating circumstances in assessing any fine. Funds received must be deposited in the related program account;

(i) Denial of an initial or renewal license application; or

(j) Other corrective action.

(2) The disciplinary authority may require reimbursement to the disciplinary authority for the investigative costs incurred in investigating the matter that resulted in issuance of an order under this section, but only if any of the sanctions in subsection (1)(a) through (j) of this section is ordered.

(3) Any of the actions under this section may be totally or partly stayed by the disciplinary authority. In determining what action is appropriate, the disciplinary authority must first consider what sanctions are necessary to protect the public health, safety, or welfare. Only after these provisions have been made may the disciplinary authority consider and include in the order requirements designed to rehabilitate the license holder or applicant. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.

(4) The licensee or applicant may enter into a stipulated disposition of charges that includes one or more of the sanctions of this section, but only after a statement of charges has been issued and the licensee has been afforded the opportunity for a hearing and has elected on the record to forego such a hearing. The stipulation shall either contain one or more specific findings of unprofessional conduct or a statement by the licensee acknowledging that evidence is sufficient to justify one or more specified findings of unprofessional conduct. The stipulations entered into under this subsection are considered formal disciplinary action for all purposes.

NEW SECTION. Sec. 113. Where payment of a fine is required as a result of a disciplinary action under section 107 or 116 of this act and timely payment is not made as directed in the final order, the disciplinary authority may enforce the order for payment in the superior court in the county in which the hearing was held. This right of enforcement is in addition to any other rights the disciplinary authority may have as to any licensee ordered to pay a fine but may not be construed to limit a licensee's ability to seek judicial review under section 110 of this act. In any action for enforcement of an order of payment of a fine, the disciplinary authority's order is conclusive proof of the validity of the order of a fine and the terms of payment.

NEW SECTION. Sec. 114. The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction of this chapter:

(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession or operation of the person's business, whether the act constitutes a crime or not. Upon a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this section abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;

(2) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;

(3) Advertising that is false, deceptive, or misleading;

(4) Incompetence, negligence, or malpractice that results in harm or damage to a consumer or that creates an unreasonable risk that a consumer may be harmed or damaged;

(5) The suspension, revocation, or restriction of a license to engage in any business or profession by competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or agreement is conclusive evidence of the revocation, suspension, or restriction;

(6) Failure to cooperate with the disciplinary authority in the course of an investigation, audit, or inspection authorized by law by:

(a) Not furnishing any papers or documents requested by the disciplinary authority;

(b) Not furnishing in writing an explanation covering the matter contained in a complaint when requested by the disciplinary authority;

(c) Not responding to a subpoena issued by the disciplinary authority, whether or not the recipient of the subpoena is the accused in the proceeding; or

(d) Not providing authorized access, during regular business hours, to representatives of the disciplinary authority conducting an investigation, inspection, or audit at facilities utilized by the license holder or applicant;

(7) Failure to comply with an order issued by the disciplinary authority;

(8) Violating any lawful rule made by the disciplinary authority;

(9) Aiding or abetting an unlicensed person to practice or operate a business or profession when a license is required;

(10) Practice or operation of a business or profession beyond the scope of practice or operation as defined by law or rule;

(11) Misrepresentation in any aspect of the conduct of the business or profession;

(12) Failure to adequately supervise or oversee auxiliary staff, whether employees or contractors, to the extent that consumers may be harmed or damaged;

(13) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession or operation of the person's business. For the purposes of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this section abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130; and

(14) Interference with an investigation or disciplinary action by willful misrepresentation of facts before the disciplinary authority or its authorized representatives, or by the use of threats or harassment against any consumer or witness to discourage them from providing evidence in a disciplinary action or any other legal action, or by the use of financial inducements to any consumer or witness to prevent or attempt to prevent him or her from providing evidence in a disciplinary action.

NEW SECTION. Sec. 115. If a person or business regulated by this chapter violates or fails to comply with a final order issued under section 114 of this act, the attorney general, any prosecuting attorney, the director, the board or commission, or any other person may maintain an action in the name of the state of Washington to enjoin the person from violating the order or failing to comply with the order. The injunction does not relieve the offender from criminal prosecution, but the remedy by injunction is in addition to the liability of the offender to criminal prosecution and disciplinary action.

NEW SECTION. Sec. 116. (1) The disciplinary authority may investigate complaints concerning practice by unlicensed persons of a profession or business for which a license is required by the chapters specified in section 103 of this act. In the investigation of the complaints, the director has the same authority as provided the disciplinary authority under section 104 of this act.

(2) The disciplinary authority may issue a notice of intent to issue a cease and desist order to any person whom the disciplinary authority has reason to believe is engaged in the unlicensed practice of a profession or operation of a business for which a license is required by the chapters specified in section 103 of this act. The person to whom such a notice is issued may request an adjudicative proceeding to contest the allegations. The notice shall include a brief, plain statement of the alleged unlicensed activities. The request for hearing must be filed within twenty days after service of the notice of intent to issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the director may enter a permanent cease and desist order, which may include a civil fine. All proceedings shall be conducted in accordance with chapter 34.05 RCW.

(3) If the disciplinary authority makes a final determination that a person has engaged or is engaging in unlicensed practice, the director may issue a permanent cease and desist order. In addition, the disciplinary authority may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person engaged in the unlicensed practice of a profession or operation of a business for which a license is required by one or more of the chapters specified in section 103 of this act. The proceeds of such a fine shall be deposited in the related program account.

(4) If the disciplinary authority makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the disciplinary authority may issue a temporary cease and desist order. The person receiving a temporary cease and desist order shall be provided an opportunity for a prompt hearing. A temporary cease and desist order shall remain in effect until further order of the disciplinary authority. The failure to request a prompt or regularly scheduled hearing constitutes a default, whereupon the disciplinary authority may enter a permanent cease and desist order, which may include a civil fine.

(5) The cease and desist order is conclusive proof of unlicensed practice and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set out in chapter 34.05 RCW.

(6) The attorney general, a county prosecuting attorney, the director, a board or commission, or any person may, in accordance with the laws of this state governing injunctions, maintain an action in the name of the state of Washington to enjoin any person practicing a profession or business without a license for which a license is required by the chapters specified in section 103 of this act. All fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section shall be deposited in the related program account.

(7) The civil remedies in this section do not limit the ability to pursue criminal prosecution as authorized in any of the acts specified in section 103 of this act nor do the civil remedies limit any criminal sanctions.

NEW SECTION. Sec. 117. A person or business that violates an injunction issued under this chapter may be found in contempt of court under RCW 7.21.010. Upon a finding by a court of competent jurisdiction that the person or business is in contempt, the court may order any remedial sanction as authorized by RCW 7.21.030. Further, the court may, in addition to the remedial sanctions available under RCW 7.21.030, order the person or business to pay a civil penalty to the state in an amount not to exceed twenty-five thousand dollars, which shall be deposited in the related program account. For the purposes of this section, the superior court issuing any injunction retains jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties.

NEW SECTION. Sec. 118. A person who attempts to obtain, obtains, or attempts to maintain a license by willful misrepresentation or fraudulent representation is guilty of a gross misdemeanor.

NEW SECTION. Sec. 119. If the disciplinary authority has reason to believe that a license holder has committed a crime, or violated the laws of another regulatory body, the disciplinary authority may notify the attorney general or the county prosecuting attorney in the county in which the act took place, or other responsible official of the facts known to the disciplinary authority.

NEW SECTION. Sec. 120. The director, members of the boards or commissions, or individuals acting on their behalf are immune from suit in any action, civil or criminal, based on any disciplinary actions or other official acts performed in the course of their duties.

NEW SECTION. Sec. 121. This chapter does not affect the use of records, obtained from the director or the disciplinary authorities, in any existing investigation or action by any public agency. Nor does this chapter limit any existing exchange of information between the director or the disciplinary authorities and other public agencies.

NEW SECTION. Sec. 122. (1) This chapter applies to any conduct, acts, or conditions occurring on or after the effective date of this section.

(2) This chapter does not apply to or govern the construction of and disciplinary action for any conduct, acts, or conditions occurring prior to the effective date of this section. The conduct, acts, or conditions must be construed and disciplinary action taken according to the provisions of law existing at the time of the occurrence in the same manner as if this chapter had not been enacted.

NEW SECTION. Sec. 123. This chapter may be known and cited as the uniform regulation of business and professions act.

NEW SECTION. Sec. 124. Sections 101 through 123 of this act take effect January 1, 2003.

NEW SECTION. Sec. 125. Sections 101 through 124 of this act constitute a new chapter in Title 18 RCW.

PART 2

Sec. 201. RCW 18.08.340 and 1985 c 37 s 5 are each amended to read as follows:

(1) The board may adopt such rules under chapter 34.05 RCW as are necessary for the proper performance of its duties under this chapter.

(2) The director shall employ an executive secretary subject to approval by the board. ((~~The director shall provide such secretarial and administrative support as may be required to carry out the purposes of this chapter.~~

(3) The board or the director may conduct investigations concerning alleged violations of this chapter. In making such investigations and in all proceedings of the board under this chapter, the chairman or any member of the board acting in place of the chairman may administer oaths or affirmations to witnesses appearing before the board, subpoena witnesses and compel their attendance, and require the production of books, records, papers, and documents. If any person refuses to obey a subpoena so issued, or refuses to testify or produce any books, records, papers, or documents so required to be produced, the board may present its petition in the superior court of Thurston county or the county in which the person resides, setting forth the facts, and thereupon the court shall, in a proper case, enter a suitable order compelling compliance with this chapter and imposing such other terms and conditions as the court finds equitable.))

Sec. 202. RCW 18.08.380 and 1985 c 37 s 9 are each amended to read as follows:

(((1) The director may reinstate a certificate of registration to any person or a certificate of authorization to any corporation or joint stock association whose certificate has been revoked, if a majority of the board vote in favor of such reissuance, if the board finds that the circumstances or conditions that brought about the revocation are not likely to recur and that the person, corporation, or joint stockholders' association is then sufficiently trustworthy and reliable at the time reinstatement is sought, and that the best interests of the public will be served by reinstatement of the registration.

~~(2)~~)) A new certificate of registration or certificate of authorization to replace any certificate lost, destroyed, or mutilated may be issued by the director. A charge, determined as provided in RCW 43.24.086, shall be made for such issuance.

Sec. 203. RCW 18.08.420 and 1991 c 72 s 2 are each amended to read as follows:

(1) An architect or architects may organize a corporation formed either as a business corporation under the provisions of Title 23B RCW or as a professional corporation under the provisions of chapter 18.100 RCW. For an architect or architects to practice architecture through a corporation or joint stock association organized by any person under Title 23B RCW, the corporation or joint stock association shall file with the board:

(a) The application for certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether the corporation is qualified under this chapter to practice architecture in this state;

(b) Its notices of incorporation and bylaws and a certified copy of a resolution of the board of directors of the corporation that designates individuals registered under this chapter as responsible for the practice of architecture by the corporation in this state and that provides that full authority to make all final architectural decisions on behalf of the corporation with respect to work performed by the corporation in this state shall be granted and delegated by the board of directors to the individuals designated in the resolution. The filing of the resolution shall not relieve the corporation of any responsibility or liability imposed upon it by law or by contract; and

(c) A designation in writing setting forth the name or names of the person or persons registered under this chapter who are responsible for the architecture of the firm. If there is a change in the person or persons responsible for the architecture of the firm, the changes shall be designated in writing and filed with the board within thirty days after the effective date of the changes.

(2) Upon the filing with the board of the application for certificate of authorization, the certified copy of the resolution, and the information specified in subsection (1) of this section, the board shall authorize the director to issue to the corporation a certificate of authorization to practice architecture in this state upon a determination by the board that:

(a) The bylaws of the corporation contain provisions that all architectural decisions pertaining to any project or architectural activities in this state shall be made by the specified architects responsible for the project or architectural activities, or other responsible architects under the direction or supervision of the architects responsible for the project or architectural activities;

(b) The applicant corporation has the ability to provide, through qualified personnel, professional services or creative work requiring architectural experience, and with respect to the architectural services that the corporation undertakes or offers to undertake, the personnel have the ability to apply special knowledge to the professional services or creative work such as consultation, investigation, evaluation, planning, design, and administration of the construction contract in connection with any public or private structures, buildings, equipment, processes, works, or projects;

(c) The application for certificate of authorization contains the professional records of the designated person or persons who are responsible;

(d) The application for certificate of authorization states the experience of the corporation, if any, in furnishing architectural services during the preceding five-year period;

(e) The applicant corporation meets such other requirements related to professional competence in the furnishing of architectural services as may be established and promulgated by the board in furtherance of the purposes of this chapter; and

(f) The applicant corporation is possessed of the ability and competence to furnish architectural services in the public interest.

(3) Upon recommendation of the board to impose action as authorized in section 112 of this act, the director ((~~shall refuse to issue or~~)) may ((~~suspend or revoke~~)) impose the recommended action upon a certificate of authorization to a corporation if the board finds that any of the officers, directors, incorporators, or the stockholders holding a majority of stock of the corporation have committed an act prohibited under RCW 18.08.440 or section 114 of this act or have been found personally responsible for misconduct under subsection (6) or (7) of this section.

(4) In the event a corporation, organized solely by a group of architects each registered under this chapter, applies for a certificate of authorization, the board may, in its discretion, grant a certificate of authorization to that corporation based on a review of the professional records of such incorporators, in lieu of the required qualifications set forth in subsections (1) and (2) of this section. In the event the ownership of such corporation is altered, the corporation shall apply for a revised certificate of authorization, based upon the professional records of the owners if exclusively architects, under the qualifications required by subsections (1) and (2) of this section.

(5) Any corporation authorized to practice architecture under this chapter, together with its directors and officers for their own individual acts, are responsible to the same degree as an individual registered architect and shall conduct their business without misconduct or malpractice in the practice of architecture as defined in this chapter.

(6) Any corporation that has been certified under this chapter and has engaged in the practice of architecture ((~~shall~~)) may have its certificate of authorization either suspended or revoked by the board if, after a proper hearing, the board finds that the corporation has committed misconduct or malpractice under RCW 18.08.440 or section 114 of this act. In such a case, any individual architect registered under this chapter who is involved in such misconduct is also subject to disciplinary measures provided in this chapter and section 112 of this act.

(7) All plans, specifications, designs, and reports when issued in connection with work performed by a corporation under its certificate of authorization shall be prepared by or under the direction of the designated architects and shall be signed by and stamped with the official seal of the designated architects in the corporation authorized under this chapter.

(8) For each certificate of authorization issued under this section there shall be paid a certification fee and an annual certification renewal fee as prescribed by the director under RCW 43.24.086.

(9) This chapter shall not affect the practice of architecture as a professional service corporation under chapter 18.100 RCW.

Sec. 204. RCW 18.08.440 and 1985 c 37 s 15 are each amended to read as follows:

The board shall have the power to impose ((fines on any person practicing architecture in an amount not to exceed one thousand dollars for each offense and may reprimand a registrant and may suspend, revoke, or refuse to issue or renew a certificate of registration or authorization to practice architecture in this state)) any action listed under section 112 of this act upon the following grounds:

(1) Offering to pay, paying, or accepting, either directly or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work;

(2) Being willfully untruthful or deceptive in any professional report, statement, or testimony;

(3) ((~~Having conviction in any court of any offense involving moral turpitude or fraud;~~

~~(4)~~)) Having a financial interest in the bidding for or the performance of a contract to supply labor or materials for or to construct a project for which employed or retained as an architect except with the consent of the client or employer after disclosure of such facts; or allowing an interest in any business to affect a decision regarding architectural work for which retained, employed, or called upon to perform;

((~~(5)~~)) (4) Signing or permitting a seal to be affixed to any drawings or specifications that were not prepared or reviewed by the architect or under the architect's personal supervision by persons subject to the architect's direction and control; or

((~~(6) Aiding or abetting any person not authorized to practice architecture under this chapter;~~

~~(7)~~)) (5) Willfully evading or trying to evade any law, ordinance, code, or regulation governing construction of buildings((~~; or~~

~~(8) Violating any provision of this chapter or any regulation adopted under it~~)).

NEW SECTION. Sec. 205. A new section is added to chapter 18.08 RCW to read as follows:

The uniform regulation of business and professions act, chapter 18.--- RCW (sections 101 through 124 of this act), governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.

Sec. 206. RCW 18.11.085 and 1987 c 336 s 1 are each amended to read as follows:

Every individual, before acting as an auctioneer, shall obtain an auctioneer certificate of registration. To be licensed as an auctioneer, an individual shall meet all of the following requirements:

(1) Be at least eighteen years of age or sponsored by a licensed auctioneer.

(2) File with the department a completed application on a form prescribed by the director.

(3) Show that the proper tax registration certificate required by RCW 82.32.030 has been obtained from the department of revenue.

(4) Pay the auctioneer registration fee required under the agency rules adopted pursuant to this chapter.

(5) Except as otherwise provided under RCW 18.11.121, file with the department an auctioneer surety bond in the amount and form required by RCW 18.11.121 and the agency rules adopted pursuant to this chapter.

(6) Have no disqualifications under RCW 18.11.160 or section 114 of this act.

Sec. 207. RCW 18.11.095 and 1987 c 336 s 5 are each amended to read as follows:

Every person, before operating an auction company as defined in RCW 18.11.050, shall obtain an auction company certificate of registration.

(1) Except as provided in subsection (2) of this section, to be licensed as an auction company, a person shall meet all of the following requirements:

(a) File with the department a completed application on a form prescribed by the director.

(b) Sign a notarized statement included on the application form that all auctioneers hired by the auction company to do business in the state shall be properly registered under this chapter.

(c) Show that the proper tax registration certificate required by RCW 82.32.030 has been obtained from the department of revenue.

(d) Pay the auction company registration fee required under the agency rules adopted pursuant to this chapter.

(e) File with the department an auction company surety bond in the amount and form required by RCW 18.11.121 and the agency rules adopted pursuant to this chapter.

(f) Have no disqualifications under RCW 18.11.160 or section 114 of this act.

(2) An auction company shall not be charged a license fee if it is a sole proprietorship or a partnership owned by an auctioneer or auctioneers, each of whom is licensed under this chapter, and if it has in effect a surety bond or bonds or other security approved by the director in the amount that would otherwise be required for an auction company to be granted or to retain a license under RCW 18.11.121.

Sec. 208. RCW 18.11.100 and 1986 c 324 s 7 are each amended to read as follows:

(1) Nonresident auctioneers and auction companies are required to comply with the provisions of this chapter, chapter 18.--- RCW (sections 101 through 124 of this act), and the rules of the department as a condition of conducting business in the state.

(2) The application of a nonresident under this chapter shall constitute the appointment of the secretary of state as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of a transaction or operation connected with or incidental to the business of an auctioneer or an auction company.

Sec. 209. RCW 18.11.160 and 1997 c 58 s 814 are each amended to read as follows:

(1) No license shall be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy, fraud, theft, receiving stolen goods, unlawful issuance of checks or drafts, or other similar offense, or to any partnership of which the person is a member, or to any association or corporation of which the person is an officer or in which as a stockholder the person has or exercises a controlling interest either directly or indirectly.

(2) ((~~The following shall be grounds for denial, suspension, or revocation of a license, or imposition of an administrative fine by the department:~~

~~(a) Misrepresentation or concealment of material facts in obtaining a license;~~

~~(b)~~)) In addition to the unprofessional conduct described in section 114 of this act, the director has the authority to take disciplinary action for any of the following conduct, acts, or conditions:

(a) Underreporting to the department of sales figures so that the auctioneer or auction company surety bond is in a lower amount than required by law;

((~~(c) Revocation of a license by another state;~~

~~(d) Misleading or false advertising;~~

~~(e) A pattern of substantial misrepresentations related to auctioneering or auction company business;~~

~~(f) Failure to cooperate with the department in any investigation or disciplinary action;~~

~~(g)~~)) (b) Nonpayment of an administrative fine prior to renewal of a license((;

~~(h) Aiding an unlicensed person to practice as an auctioneer or as an auction company~~)); and

((~~(i)~~)) (c) Any other violations of this chapter.

(3) The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((~~or a residential or visitation order~~)). If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

Sec. 210. RCW 18.11.180 and 1986 c 324 s 14 are each amended to read as follows:

It shall be unlawful for a licensed auctioneer or licensed auction company to pay compensation in money or otherwise to anyone not licensed under this chapter to render any service or to do any act forbidden under this chapter to be rendered or performed except by licensees. The department ((~~shall~~)) may fine any person who violates this section five hundred dollars for the first offense and one thousand dollars for the second or subsequent offense. Furthermore, the violation of this section by any licensee shall be, in the discretion of the department, sufficient cause for ((~~license suspension or revocation~~)) taking any actions listed under section 112 of this act.

Sec. 211. RCW 18.11.200 and 1986 c 324 s 16 are each amended to read as follows:

The director shall adopt rules for the purpose of carrying out and developing this chapter, including rules governing the conduct of ((~~investigations and~~)) inspections ((~~and the imposition of administrative penalties~~)).

NEW SECTION. Sec. 212. A new section is added to chapter 18.11 RCW to read as follows:

Sec. 213. RCW 18.16.030 and 1991 c 324 s 2 are each amended to read as follows:

In addition to any other duties imposed by law, including sections 104 and 105 of this act, the director shall have the following powers and duties:

(1) To set all license, examination, and renewal fees in accordance with RCW 43.24.086;

(2) To adopt rules necessary to implement this chapter;

(3) ((To investigate alleged violations of this chapter and consumer complaints involving the practice of cosmetology, barbering, esthetics, or manicuring, schools offering training in these areas, and salons/shops and booth renters offering these services;

~~(4) To issue subpoenas, statements of charges, statements of intent, final orders, stipulated agreements, and any other legal remedies necessary to enforce this chapter;~~

~~(5) To issue cease and desist letters and letters of warning for infractions of this chapter;~~

~~(6) To conduct all disciplinary proceedings, impose sanctions, and assess fines for violations of this chapter or any rules adopted under it;~~

~~(7)~~)) To prepare and administer or approve the preparation and administration of licensing examinations;

((~~(8)~~)) (4) To establish minimum safety and sanitation standards for schools, cosmetologists, barbers, manicurists, estheticians, and salons/shops;

((~~(9)~~)) (5) To establish minimum instruction guidelines for the training of students;

((~~(10)~~)) (6) To maintain the official department record of applicants and licensees;

((~~(11) To delegate in writing to a designee the authority to issue subpoenas, statements of charges, and any other documents necessary to enforce this chapter;~~

~~(12)~~)) (7) To establish by rule the procedures for an appeal of an examination failure;

((~~(13) To employ such administrative, investigative, and clerical staff as needed to implement this chapter;~~

~~(14)~~)) (8) To set license expiration dates and renewal periods for all licenses consistent with this chapter; and

((~~(15)~~)) (9) To make information available to the department of revenue to assist in collecting taxes from persons required to be licensed under this chapter.

Sec. 214. RCW 18.16.060 and 1991 c 324 s 4 are each amended to read as follows:

(1) The director ((~~shall impose a fine of one thousand dollars on~~)) may take action under sections 116 and 117 of this act against any person who does any of the following without first obtaining the license required by this chapter:

(a) Except as provided in subsection (2) of this section, commercial practice of cosmetology, barbering, esthetics, manicuring, or instructing;

(b) Instructs in a school;

(d) Operates a salon/shop. Each booth renter shall be considered to be operating an independent salon/shop and shall obtain a separate salon/shop license.

(2) A person licensed as a cosmetology instructor-operator may engage in the commercial practice of cosmetology without maintaining a cosmetologist license. A person licensed as a barbering instructor-operator may engage in the commercial practice of barbering without maintaining a barber license. A person licensed as a manicuring instructor-operator may engage in the commercial practice of manicuring without maintaining a manicurist license. A person licensed as an esthetician instructor-operator may engage in the commercial practice of esthetics without maintaining an esthetician license.

Sec. 215. RCW 18.16.150 and 1997 c 178 s 1 are each amended to read as follows:

Schools shall be audited and inspected by the director or the director's designee for compliance with this chapter at least once a year. If the director determines that a licensed school is not maintaining the standards required according to this chapter, written notice thereof shall be given to the school. A school which fails to correct these conditions to the satisfaction of the director within a reasonable time ((~~shall~~)) may be subject to penalties imposed under ((~~RCW 18.16.210~~)) section 112 of this act.

Sec. 216. RCW 18.16.175 and 1997 c 178 s 2 are each amended to read as follows:

(1) A salon/shop shall meet the following minimum requirements:

(a) Maintain an outside entrance separate from any rooms used for sleeping or residential purposes;

(b) Provide and maintain for the use of its customers adequate toilet facilities located within or adjacent to the salon/shop;

(c) Be operated under the direct supervision of a licensed cosmetologist except that a salon/shop that is limited to barbering may be directly supervised by a barber, a salon/shop that is limited to manicuring may be directly supervised by a manicurist, and a salon/shop that is limited to esthetics may be directly supervised by an esthetician;

(d) Any room used wholly or in part as a salon/shop shall not be used for residential purposes, except that toilet facilities may be used jointly for residential and business purposes;

(e) Meet the zoning requirements of the county, city, or town, as appropriate;

(f) Provide for safe storage and labeling of chemicals used in the practice of cosmetology;

(g) Meet all applicable local and state fire codes;

(h) Provide proof that the salon/shop is covered by a public liability insurance policy in an amount not less than one hundred thousand dollars for combined bodily injury and property damage liability; and

(i) Other requirements which the director determines are necessary for safety and sanitation of salons/shops. The director may consult with the state board of health and the department of labor and industries in establishing minimum salon/shop safety requirements.

(2) A salon/shop shall post the notice to customers described in RCW 18.16.180.

(3) Upon receipt of a written complaint that a salon/shop has violated any provisions of this chapter, chapter 18.--- RCW (sections 101 through 124 of this act), or the rules adopted under ((~~this~~)) either chapter, or at least once every two years, the director or the director's designee shall inspect each salon/shop. If the director determines that any salon/shop is not in compliance with this chapter, the director shall send written notice to the salon/shop. A salon/shop which fails to correct the conditions to the satisfaction of the director within a reasonable time shall, upon due notice, be subject to the penalties imposed by the director under ((~~RCW 18.16.210~~)) section 112 of this act. The director may enter any salon/shop during business hours for the purpose of inspection. The director may contract with health authorities of local governments to conduct the inspections under this subsection.

(4) A salon/shop, including a salon/shop operated by a booth renter, shall obtain a certificate of registration from the department of revenue.

(5) This section does not prohibit the use of motor homes as mobile salon/shops if the motor home meets the health and safety standards of this section.

Sec. 217. RCW 18.16.200 and 1991 c 324 s 14 are each amended to read as follows:

Any applicant or licensee under this chapter may be subject to disciplinary action by the director if the licensee or applicant:

(1) ((~~Has been found guilty of a crime related to the practice of cosmetology, barbering, esthetics, manicuring, or instructing;~~

~~(2) Has made a material misstatement or omission in connection with an original application or renewal;~~

~~(3) Has engaged in false or misleading advertising;~~

~~(4) Has performed services in an unsafe or unsanitary manner;~~

~~(5) Has aided and abetted unlicensed activity;~~

~~(6)~~)) Has engaged in the commercial practice of cosmetology, barbering, manicuring, esthetics, or instructed in or operated a school without first obtaining the license required by this chapter;

((~~(7)~~)) (2) Has engaged in the commercial practice of cosmetology in a school;

((~~(8)~~)) (3) Has not provided a safe, sanitary, and good moral environment for students and the public((;

~~(9) Has not provided records as required by this chapter;~~

~~(10) Has not cooperated with the department in supplying records or assisting in an investigation or disciplinary procedure~~)); or

((~~(11)~~)) (4) Has violated any provision of this chapter or any rule adopted under it.

NEW SECTION. Sec. 218. A new section is added to chapter 18.16 RCW to read as follows:

Sec. 219. RCW 18.39.300 and 1989 c 390 s 7 are each amended to read as follows:

In addition to the grounds for action set forth in ((~~RCW 18.130.170 and 18.130.180~~)) section 114 of this act, the board may take the disciplinary action set forth in ((~~RCW 18.130.160~~)) section 112 of this act against the funeral establishment's license, the license of any funeral director and/or the funeral establishment's certificate of registration, if the licensee or registrant:

(1) Fails to comply with any provisions of this chapter((~~, chapter 18.130 RCW,~~)) or any proper order or regulation of the board;

(2) Is found by the board to be in such condition that further execution of prearrangement contracts could be hazardous to purchasers or beneficiaries and the people of this state;

(3) Refuses to be examined, or refuses to submit to examination by the board when required;

(4) Fails to pay the expense of an examination; or

(5) Is found by the board after investigation or receipt of reliable information to be managed by persons who are incompetent or untrustworthy or so lacking in managerial experience as to make the proposed or continued execution or servicing of prearrangement funeral service contracts hazardous to purchasers, beneficiaries, or to the public.

Sec. 220. RCW 18.39.350 and 1989 c 390 s 11 are each amended to read as follows:

Any person who violates or fails to comply with, or aids or abets any person in the violation of, or failure to comply with any of the provisions of this chapter is guilty of a class C felony pursuant to chapter 9A.20 RCW. Any such violation constitutes an unfair practice under chapter 19.86 RCW and this chapter and conviction thereunder is grounds for license revocation under this chapter and section 112 of this act. Retail installment contracts under this chapter shall be governed by chapter 63.14 RCW.

Sec. 221. RCW 18.39.410 and 1994 c 17 s 3 are each amended to read as follows:

((~~The following shall constitute unprofessional conduct~~)) In addition to the unprofessional conduct described in section 114 of this act, the board may take disciplinary action and may impose any of the sanctions specified in section 112 of this act for the following conduct, acts, or conditions:

(1) Solicitation of dead human bodies by a licensee, registrant, endorsement, or permit holder, or agent, assistant, or employee of the licensee, registrant, endorsement, or permit holder whether the solicitation occurs after death or while death is impending. This chapter does not prohibit general advertising or the sale of prearrangement funeral service contracts;

(2) Solicitation may include employment of solicitors, payment of commission, bonus, rebate, or any form of gratuity or payment of a finders fee, referral fee, or other consideration given for the purpose of obtaining or providing the services for a dead human body or where death is impending;

(3) Acceptance by a licensee, registrant, endorsement, or permit holder or other employee of a funeral establishment of a commission, bonus, rebate, or gratuity in consideration of directing business to a cemetery, crematory, mausoleum, columbarium, florist, or other person providing goods and services to the disposition of dead human bodies;

(4) Using a casket or part of a casket that has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body without the written consent of the person lawfully entitled to control the disposition of remains of the deceased person in accordance with RCW 68.50.160. This subsection does not prohibit the use of rental caskets, such as caskets of which the outer shell portion is rented and the inner insert that contains the dead human body is purchased and used for the disposition, that are disclosed as such in the statement of funeral goods and services;

(5) Violation of a state law, municipal law, or county ordinance or regulation affecting the handling, custody, care, transportation, or disposition of dead human bodies;

(6) Refusing to promptly surrender the custody of a dead human body upon the expressed order of the person lawfully entitled to its custody under RCW 68.50.160;

(7) Selling, or offering for sale, a share, certificate, or an interest in the business of a funeral establishment, or in a corporation, firm, or association owning or operating a funeral establishment that promises or purports to give to purchasers a right to the services of a licensee, registrant, endorsement, or permit holder at a charge or cost less than offered or given to the public;

(8) ((The commission of an act involving moral turpitude, dishonesty, or corruption relating to the practice of the funeral profession whether or not the act constitutes a crime. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license, registration, endorsement, or permit holder, or applicant of the crime described in the indictment or information and of the person's violation of the statute on which it is based. For the purpose of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction in all proceedings in which the sentence has been deferred or suspended. This section does not abrogate rights guaranteed under chapter 9.96A RCW;

~~(9) Misrepresentation or concealment of a material fact in obtaining a license, registration, endorsement, or permit or in reinstatement thereof;~~

~~(10) All advertising that is false, fraudulent, or misleading;~~

(11) Suspension or revocation or restriction of the individual's license, registration, endorsement, or permit to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

~~(12)~~)) Violation of any state or federal statute or administrative ruling relating to funeral practice;

((~~(13) Failure to cooperate with the board by:~~

~~(a) Not furnishing any papers or documents;~~

~~(b) Not furnishing in writing a full and complete explanation covering the matters contained in a complaint filed with the board; or~~

~~(c) Not responding to subpoenas issued by the board whether or not the recipient of the subpoena is the accused in the proceeding;~~

~~(14) Failure to comply with an order issued by the board or an assurance of discontinuance entered into with the board;~~

~~(15) Aiding or abetting an unlicensed or unregistered person to practice where a license, registration, endorsement, or permit is required;~~

~~(16) Misrepresentation or fraud in any aspect of the conduct of funeral practice;~~

(17) Conviction of a gross misdemeanor or felony relating to this title. For the purpose of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. This section does not abrogate rights guaranteed under chapter 9.96A RCW;

(18) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the board or its authorized representative or the inspector, or by the use of threats or harassment against a witness to prevent that witness from providing evidence in a disciplinary hearing or other legal action;

(19) Diminished capacity or habitual intemperance in the use of alcohol, controlled substances, or prescribed drugs that impairs, interferes, or otherwise prevents the proper performance of licensed, registered, endorsed, or permitted duties or functions;

~~(20)~~)) (9) Knowingly concealing information concerning a violation of this title((;

~~(21) Incompetence or negligence as a licensee, registrant, endorsement, or permit holder in carrying out the duties of the profession~~)).

Sec. 222. RCW 18.39.530 and 1994 c 17 s 15 are each amended to read as follows:

(((1) The director shall investigate a complaint concerning practice by an unlicensed person for which a license, registration, endorsement, or permit is required under this chapter. The director shall issue a cease and desist order to a person after notice and hearing and upon a determination that the person has violated this subsection. If the director makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the director may issue a temporary cease and desist order. The cease and desist order does not relieve the person practicing or operating a business without a license, registration, permit, or registration from criminal prosecution for the unauthorized practice or operation, but the remedy of a cease and desist order is in addition to criminal liability. The cease and desist order is conclusive proof of unlicensed practice and may be enforced by civil contempt. This method of enforcement of the cease and desist order may be used in addition to, or as an alternative to, provisions for enforcement or agency orders under chapter 34.05 RCW.

(2) The attorney general, a county prosecuting attorney, the director, the board, or a person may, in accordance with the laws of this state governing injunctions, maintain an action in the name of this state to enjoin a person practicing a profession or business for which a license, registration, endorsement, or permit is required under this chapter without a license, registration, endorsement, or permit from engaging in the practice or operation of the business until the required license, registration, endorsement, or permit is secured. However, the injunction does not relieve the person so practicing or operating a business without a license, registration, endorsement, or permit from criminal prosecution for the unauthorized practice or operation, but the remedy by injunction is in addition to criminal liability.

~~(3)~~)) Unlicensed practice of a profession or operation of a business for which a license, registration, endorsement, or permit is required under this chapter, unless otherwise exempted by law, is a gross misdemeanor. Fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section must be remitted to the board.

NEW SECTION. Sec. 223. A new section is added to chapter 18.39 RCW to read as follows:

Sec. 224. RCW 18.43.035 and 1997 c 247 s 2 are each amended to read as follows:

The board may adopt and amend bylaws establishing its organization and method of operation, including but not limited to meetings, maintenance of books and records, publication of reports, code of ethics, and rosters, and adoption and use of a seal. Four members of the board shall constitute a quorum for the conduct of any business of the board. The board may employ such persons as are necessary to carry out its duties under this chapter. It may adopt rules reasonably necessary to administer the provisions of this chapter. ((It may conduct investigations concerning alleged violations of this chapter or the rules adopted by the board. In making such investigations and in all proceedings under RCW 18.43.110, the chairman of the board or any member of the board acting in his place may administer oaths or affirmations to witnesses appearing before the board, subpoena witnesses and compel their attendance, and require the production of books, records, papers and documents. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or produce any books, records, papers or documents so required to be produced, the board may present its petition to the superior court of the county in which such person resides, setting forth the facts, and thereupon the court shall, in any proper case, enter a suitable order compelling compliance with this chapter and imposing such other terms and conditions as the court may deem equitable.)) The board shall submit to the governor such periodic reports as may be required. A roster, showing the names and places of business of all registered professional engineers and land surveyors may be published for distribution, upon request, to professional engineers and land surveyors registered under this chapter and to the public.

Sec. 225. RCW 18.43.105 and 1961 c 142 s 4 are each amended to read as follows:

((~~As used in this chapter "misconduct or malpractice in the practice of engineering" shall include but not be limited to the following~~)) In addition to the unprofessional conduct described in section 114 of this act, the board may take disciplinary action for the following conduct, acts, or conditions:

(1) Offering to pay, paying or accepting, either directly or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work;

(2) Being willfully untruthful or deceptive in any professional report, statement or testimony;

(3) Attempting to injure falsely or maliciously, directly or indirectly, the professional reputation, prospects or business of anyone;

(4) Failure to state separately or to charge separately for professional engineering services or land surveying where other services or work are also being performed in connection with the engineering services;

(5) ((~~Conviction in any court of any offense involving moral turpitude;~~

~~(6)~~)) Violation of any provisions of this chapter;

((~~(7)~~)) (6) Conflict of interest‑-Having a financial interest in bidding for or performance of a contract to supply labor or materials for or to construct a project for which employed or retained as an engineer except with the consent of the client or employer after disclosure of such facts; or allowing an interest in any business to affect a decision regarding engineering work for which retained, employed, or called upon to perform;

((~~(8)~~)) (7) Nondisclosure‑-Failure to promptly disclose to a client or employer any interest in a business which may compete with or affect the business of the client or employer;

((~~(9)~~)) (8) Unfair competition‑-Reducing a fee quoted for prospective employment or retainer as an engineer after being informed of the fee quoted by another engineer for the same employment or retainer;

((~~(10)~~)) (9) Improper advertising‑-Soliciting retainer or employment by advertisement which is undignified, self-laudatory, false or misleading, or which makes or invites comparison between the advertiser and other engineers;

((~~(11)~~)) (10) Committing any other act, or failing to act, which act or failure are customarily regarded as being contrary to the accepted professional conduct or standard generally expected of those practicing professional engineering or land surveying.

Sec. 226. RCW 18.43.110 and 1997 c 247 s 3 are each amended to read as follows:

The board shall have the exclusive power to ((~~fine and reprimand~~)) discipline the registrant and ((~~suspend or revoke~~)) sanction the certificate of registration of any registrant ((~~who is found guilty of:~~

~~The practice of any fraud or deceit in obtaining a certificate of registration; or~~

~~Any gross negligence, incompetency, or misconduct in the practice of engineering or land surveying as a registered engineer or land surveyor~~)).

Any person may ((~~prefer~~)) file a complaint alleging ((~~fraud, deceit, gross negligence, incompetency, or misconduct~~)) unprofessional conduct, as set out in section 114 of this act and RCW 18.43.105, against any registrant ((~~and~~)). The complaint shall be in writing and shall be sworn to in writing by the person making the allegation. A registrant against whom a complaint was made must be immediately informed of such complaint by the board.

((~~All procedures related to hearings on such charges shall be in accordance with provisions relating to adjudicative proceedings in chapter 34.05 RCW, the Administrative Procedure Act.~~

If, after such hearing, a majority of the board vote in favor of finding the violations had occurred, the board shall revoke or suspend the certificate of registration of such registered professional engineer or land surveyor.))

The board, for reasons it deems sufficient, may reissue a certificate of registration to any person whose certificate has been revoked or suspended, providing a majority of the board vote in favor of such issuance. A new certificate of registration to replace any certificate revoked, lost, destroyed, or mutilated may be issued, subject to the rules of the board, and a charge determined by the director as provided in RCW 43.24.086 shall be made for such issuance.

((Any person who shall feel aggrieved by any action of the board in denying or revoking his certificate of registration may appeal therefrom to the superior court of the county in which such person resides, and after full hearing, said court shall make such decree sustaining or revoking the action of the board as it may deem just and proper.

~~Fines imposed by the board shall not exceed one thousand dollars for each offense.~~))

In addition to the imposition of ((~~civil penalties under this section~~)) disciplinary action under section 112 of this act, the board may refer violations of this chapter to the appropriate prosecuting attorney for charges under RCW 18.43.120.

Sec. 227. RCW 18.43.130 and 1997 c 247 s 4 are each amended to read as follows:

This chapter shall not be construed to prevent or affect:

(1) The practice of any other legally recognized profession or trade; or

(2) The practice of a person not a resident and having no established place of business in this state, practicing or offering to practice herein the profession of engineering or land surveying, when such practice does not exceed in the aggregate more than thirty days in any calendar year: PROVIDED, Such person has been determined by the board to be legally qualified by registration to practice the said profession in his or her own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this chapter. The person shall request such a determination by completing an application prescribed by the board and accompanied by a fee determined by the director. Upon approval of the application, the board shall issue a permit authorizing temporary practice; or

(3) The practice of a person not a resident and having no established place of business in this state, or who has recently become a resident thereof, practicing or offering to practice herein for more than thirty days in any calendar year the profession of engineering or land surveying, if he or she shall have filed with the board an application for a certificate of registration and shall have paid the fee required by this chapter: PROVIDED, That such person is legally qualified by registration to practice engineering or land surveying in his or her own state or country in which the requirements and qualifications of obtaining a certificate of registration are not lower than those specified in this chapter. Such practice shall continue only for such time as the board requires for the consideration of the application for registration; or

(4) The work of an employee or a subordinate of a person holding a certificate of registration under this chapter, or an employee of a person practicing lawfully under provisions of this section: PROVIDED, That such work does not include final design or decisions and is done under the direct responsibility, checking, and supervision of a person holding a certificate of registration under this chapter or a person practicing lawfully under the provisions of this section; or

(5) The work of a person rendering engineering or land surveying services to a corporation, as an employee of such corporation, when such services are rendered in carrying on the general business of the corporation and such general business does not consist, either wholly or in part, of the rendering of engineering services to the general public: PROVIDED, That such corporation employs at least one person holding a certificate of registration under this chapter or practicing lawfully under the provisions of this chapter; or

(6) The practice of officers or employees of the government of the United States while engaged within the state in the practice of the profession of engineering or land surveying for the government of the United States; or

(7) Nonresident engineers employed for the purpose of making engineering examinations; or

(8) The practice of engineering or land surveying, or both, in this state by a corporation or joint stock association: PROVIDED, That

(a) The corporation has filed with the board an application for certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether such corporation is qualified in accordance with this chapter to practice engineering or land surveying, or both, in this state;

(b) For engineering, the corporation has filed with the board a certified copy of a resolution of the board of directors of the corporation that shall designate a person holding a certificate of registration under this chapter as responsible for the practice of engineering by the corporation in this state and shall provide that full authority to make all final engineering decisions on behalf of the corporation with respect to work performed by the corporation in this state shall be granted and delegated by the board of directors to the person so designated in the resolution. For land surveying, the corporation has filed with the board a certified copy of a resolution of the board of directors of the corporation which shall designate a person holding a certificate of registration under this chapter as responsible for the practice of land surveying by the corporation in this state and shall provide full authority to make all final land surveying decisions on behalf of the corporation with respect to work performed by the corporation in this state be granted and delegated by the board of directors to the person so designated in the resolution. If a corporation offers both engineering and land surveying services, the board of directors shall designate both a licensed engineer and a licensed land surveyor. If a person is licensed in both engineering and land surveying, the person may be designated for both professions. The resolution shall further state that the bylaws of the corporation shall be amended to include the following provision: "The designated engineer or land surveyor, respectively, named in the resolution as being in responsible charge, or an engineer or land surveyor under the designated engineer or land surveyor's direct supervision, shall make all engineering or land surveying decisions pertaining to engineering or land surveying activities in the state of Washington." However, the filing of the resolution shall not relieve the corporation of any responsibility or liability imposed upon it by law or by contract;

(c) If there is a change in the designated engineer or designated land surveyor, the corporation shall notify the board in writing within thirty days after the effective date of the change. If the corporation changes its name, the corporation shall submit a copy of its amended certificate of authority or amended certificate of incorporation as filed with the secretary of state within thirty days of the filing;

(d) Upon the filing with the board the application for certificate for authorization, certified copy of resolution and an affidavit, the designation of a designated engineer or designated land surveyor, or both, specified in (b) of this subsection, a certificate of incorporation or certificate of authorization as filed with the secretary of state, and a copy of the corporation's current Washington business license, the board shall issue to the corporation a certificate of authorization to practice engineering or land surveying, or both, in this state upon a determination by the board that:

(i) The designated engineer or designated land surveyor, or both, hold a certificate of registration in this state in accordance with this chapter and the certificate is in force;

(ii) The designated engineer or designated land surveyor, or both, are not designated in responsible charge for another corporation or a limited liability company; and

(iii) The corporation is licensed with the secretary of state and holds a current unified business identification number and the board determines, based on evaluating the findings and information in this section, that the applicant corporation possesses the ability and competence to furnish engineering or land surveying services, or both, in the public interest.

The board may exercise its discretion to ((~~refuse to issue or it may suspend or revoke~~)) take any of the actions under section 112 of this act with respect to a certificate of authorization issued to a corporation if the board finds that any of the officers, directors, incorporators, or the stockholders holding a majority of stock of such corporation has ((~~committed misconduct or malpractice~~)) engaged in unprofessional conduct as defined in RCW 18.43.105 or section 114 of this act or has been found personally responsible for ((~~misconduct or malpractice~~)) unprofessional conduct under (f) and (g) of this subsection.

(e) Engineers or land surveyors organized as a professional service corporation under chapter 18.100 RCW are exempt from applying for a certificate of authorization under this chapter.

(f) Any corporation authorized to practice engineering under this chapter, together with its directors and officers for their own individual acts, are responsible to the same degree as an individual registered engineer, and must conduct its business without ((~~misconduct or malpractice~~)) unprofessional conduct in the practice of engineering as defined in this chapter and section 114 of this act.

(g) Any corporation that is certified under this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, ((~~and~~)) 18.43.120, and chapter 18.--- RCW (sections 101 through 124 of this act).

(h) All plans, specifications, designs, and reports when issued in connection with work performed by a corporation under its certificate of authorization shall be prepared by or under the direct supervision of and shall be signed by and shall be stamped with the official seal of a person holding a certificate of registration under this chapter.

(i) For each certificate of authorization issued under this subsection (8) there shall be paid an initial fee determined by the director as provided in RCW 43.24.086 and an annual renewal fee determined by the director as provided in RCW 43.24.086.

(9) The practice of engineering and/or land surveying in this state by a partnership if the partnership employs at least one person holding a valid certificate of registration under this chapter to practice engineering or land surveying, or both. The board shall not issue certificates of authorization to partnerships after July 1, 1998. Partnerships currently registered with the board are not required to pay an annual renewal fee after July 1, 1998.

(10) The practice of engineering or land surveying, or both, in this state by limited liability companies: Provided, That

(a) The limited liability company has filed with the board an application for certificate of authorization upon a form to be prescribed by the board and containing information required to enable the board to determine whether the limited liability company is qualified under this chapter to practice either or both engineering or land surveying in this state.

(b) The limited liability company has filed with the board a certified copy of a resolution by the company manager or managers that shall designate a person holding a certificate of registration under this chapter as being responsible for the practice of engineering or land surveying, or both, by the limited liability company in this state and that the designated person has full authority to make all final engineering or land surveying decisions on behalf of the limited liability company with respect to work performed by the limited liability company in this state. The resolution shall further state that the limited liability company agreement shall be amended to include the following provision: "The designated engineer or land surveyor, respectively, named in the resolution as being in responsible charge, or an engineer or land surveyor under the designated engineer or land surveyor's direct supervision, shall make all engineering or land surveying decisions pertaining to engineering or land surveying activities in the state of Washington." However, the filing of the resolution shall not relieve the limited liability company of responsibility or liability imposed upon it by law or by contract.

(c) The designated engineer for the limited liability company must hold a current professional engineer license issued by this state.

The designated land surveyor for the limited liability company must hold a current professional land surveyor license issued by this state.

If a person is licensed as both a professional engineer and as a professional land surveyor in this state, then the limited liability company may designate the person as being in responsible charge for both professions.

If there is a change in the designated engineer or designated land surveyor, the limited liability company shall notify the board in writing within thirty days after the effective date of the change. If the limited liability company changes its name, the company shall submit to the board a copy of the certificate of amendment filed with the secretary of state's office.

(d) Upon the filing with the board the application for certificate of authorization, a certified copy of the resolution, an affidavit from the designated engineer or the designated land surveyor, or both, specified in (b) and (c) of this subsection, a copy of the certificate of formation as filed with the secretary of state, and a copy of the company's current business license, the board shall issue to the limited liability company a certificate of authorization to practice engineering or land surveying, or both, in this state upon determination by the board that:

(i) The designated engineer or designated land surveyor, or both, hold a certificate of registration in this state under this chapter and the certificate is in force;

(ii) The designated engineer or designated land surveyor, or both, are not designated in responsible charge for another limited liability company or a corporation;

(iii) The limited liability company is licensed with the secretary of state and has a current unified business identification number and that the board determines, based on evaluating the findings and information under this subsection, that the applicant limited liability company possesses the ability and competence to furnish either or both engineering or land surveying services in the public interest.

The board may exercise its discretion to ((~~refuse to issue, or it may suspend or revoke~~)) take any of the actions under section 112 of this act with respect to a certificate of authorization issued to a limited liability company if the board finds that any of the managers or members holding a majority interest in the limited liability company has ((~~committed misconduct or malpractice~~)) engaged in unprofessional conduct as defined in RCW 18.43.105 or section 114 of this act or has been found personally responsible for ((~~misconduct or malpractice~~)) unprofessional conduct under the provisions of (f) and (g) of this subsection.

(e) Engineers or land surveyors organized as a professional limited liability company are exempt from applying for a certificate of authorization under this chapter.

(f) Any limited liability company authorized to practice engineering or land surveying, or both, under this chapter, together with its manager or managers and members for their own individual acts, are responsible to the same degree as an individual registered engineer or registered land surveyor, and must conduct their business without ((~~misconduct or malpractice~~)) unprofessional conduct in the practice of engineering or land surveying, or both.

(g) A limited liability company that is certified under this chapter is subject to the authority of the board as provided in RCW 18.43.035, 18.43.105, 18.43.110, ((~~and~~)) 18.43.120, and chapter 18.--- RCW (sections 101 through 124 of this act).

(h) All plans, specifications, designs, and reports when issued in connection with work performed by a limited liability company under its certificate of authorization shall be prepared by or under the direct supervision of and shall be signed by and shall be stamped with the official seal of a person holding a certificate of registration under this chapter.

(i) For each certificate of authorization issued under this subsection (10) there shall be paid an initial fee determined by the director as provided in RCW 43.24.086 and an annual renewal fee determined by the director as provided in RCW 43.24.086.

NEW SECTION. Sec. 228. A new section is added to chapter 18.43 RCW to read as follows:

Sec. 229. RCW 18.85.040 and 1992 c 92 s 1 are each amended to read as follows:

(1) The director, with the advice and approval of the commission, may issue rules and regulations to govern the activities of real estate brokers, associate real estate brokers and salespersons, consistent with this chapter and chapter 18.--- RCW (sections 101 through 124 of this act), fix the times and places for holding examinations of applicants for licenses and prescribe the method of conducting them.

(2) The director shall enforce all laws, rules, and regulations relating to the licensing of real estate brokers, associate real estate brokers, and salespersons, grant or deny licenses to real estate brokers, associate real estate brokers, and salespersons, and hold hearings. ((The director may impose any one or more of the following sanctions: Suspend or revoke licenses, deny applications for licenses, fine violators, or require the completion of a course in a selected aspect of real estate practice relevant to the provision of this chapter or rule violated. The director may deny, suspend or revoke the authority of a broker to act as the designated broker of persons who commit violations of the real estate license law or of the rules and regulations.))

(3) The director shall establish by rule standards for licensure of applicants licensed in other jurisdictions.

(4) The director shall institute a program of real estate education including, but not limited to, instituting a program of education at institutions of higher education in Washington. The overall program shall include establishing minimum levels of ongoing education for licensees relating to the practice of real estate by real estate brokers and salespersons under this chapter. The program may also include the development or implementation of curricula courses, educational materials, or approaches to education relating to real estate when required, approved, or certified for continuing education credit. The director may enter into contracts with other persons or entities, whether publicly or privately owned or operated, to assist in developing or implementing the real estate education program.

(5) The director shall charge a fee, as prescribed by the director by rule, for the certification of courses of instruction, instructors, and schools.

Sec. 230. RCW 18.85.230 and 1999 c 46 s 1 are each amended to read as follows:

((~~The director may, upon his or her own motion, and shall upon verified complaint in writing by any person, investigate the actions of~~)) In addition to the unprofessional conduct described in section 114 of this act, the director may take disciplinary action against any person engaged in the business or acting in the capacity of a real estate broker, associate real estate broker, or real estate salesperson, regardless of whether the transaction was for his or her own account or in his or her capacity as broker, associate real estate broker, or real estate salesperson, and may impose any ((one or more of the following sanctions: Suspend or revoke, levy a fine not to exceed one thousand dollars for each offense, require the completion of a course in a selected area of real estate practice relevant to the section of this chapter or rule violated, or deny the license)) of the sanctions specified in section 112 of this act for any holder or applicant who is guilty of:

(1) ((~~Obtaining a license by means of fraud, misrepresentation, concealment, or through the mistake or inadvertence of the director;~~

~~(2)~~)) Violating any of the provisions of this chapter or any lawful rules or regulations made by the director pursuant thereto or violating a provision of chapter 64.36, 19.105, or 58.19 RCW or RCW 18.86.030 or the rules adopted under those chapters or section;

(((3) Being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar offense or offenses: PROVIDED, That for the purposes of this section being convicted shall include all instances in which a plea of guilty or nolo contendere is the basis for the conviction, and all proceedings in which the sentence has been deferred or suspended;

~~(4)~~)) (2) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication or distribution of false statements, descriptions or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions, or promises purport to be made or to be performed by either the licensee or his or her principal and the licensee then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions or promises;

((~~(5)~~)) (3) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the word, representation or conduct of the licensee;

((~~(6)~~)) (4) Accepting the services of, or continuing in a representative capacity, any associate broker or salesperson who has not been granted a license, or after his or her license has been revoked or during a suspension thereof;

((~~(7)~~)) (5) Conversion of any money, contract, deed, note, mortgage, or abstract or other evidence of title, to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, abstract, or other evidence of title within thirty days after the owner thereof is entitled thereto, and makes demand therefor, shall be prima facie evidence of such conversion;

((~~(8)~~)) (6) Failing, upon demand, to disclose any information within his or her knowledge to, or to produce any document, book or record in his or her possession for inspection of the director or his or her authorized representatives acting by authority of law;

((~~(9)~~)) (7) Continuing to sell any real estate, or operating according to a plan of selling, whereby the interests of the public are endangered, after the director has, by order in writing, stated objections thereto;

(((10) Committing any act of fraudulent or dishonest dealing or a crime involving moral turpitude, and a certified copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;

~~(11)~~)) (8) Advertising in any manner without affixing the broker's name as licensed, and in the case of a salesperson or associate broker, without affixing the name of the broker as licensed for whom or under whom the salesperson or associate broker operates, to the advertisement; except, that a real estate broker, associate real estate broker, or real estate salesperson advertising their personally owned real property must only disclose that they hold a real estate license;

((~~(12)~~)) (9) Accepting other than cash or its equivalent as earnest money unless that fact is communicated to the owner prior to his or her acceptance of the offer to purchase, and such fact is shown in the earnest money receipt;

((~~(13)~~)) (10) Charging or accepting compensation from more than one party in any one transaction without first making full disclosure in writing of all the facts to all the parties interested in the transaction;

((~~(14)~~)) (11) Accepting, taking, or charging any undisclosed commission, rebate, or direct profit on expenditures made for the principal;

((~~(15)~~)) (12) Accepting employment or compensation for appraisal of real property contingent upon reporting a predetermined value;

((~~(16)~~)) (13) Issuing an appraisal report on any real property in which the broker, associate broker, or salesperson has an interest unless his or her interest is clearly stated in the appraisal report;

((~~(17)~~)) (14) Misrepresentation of his or her membership in any state or national real estate association;

((~~(18)~~)) (15) Discrimination against any person in hiring or in sales activity, on the basis of any of the provisions of any state or federal antidiscrimination law;

((~~(19)~~)) (16) Failing to keep an escrow or trustee account of funds deposited with him or her relating to a real estate transaction, for a period of three years, showing to whom paid, and such other pertinent information as the director may require, such records to be available to the director, or his or her representatives, on demand, or upon written notice given to the bank;

((~~(20)~~)) (17) Failing to preserve for three years following its consummation records relating to any real estate transaction;

((~~(21)~~)) (18) Failing to furnish a copy of any listing, sale, lease or other contract relevant to a real estate transaction to all signatories thereof at the time of execution;

((~~(22)~~)) (19) Acceptance by a branch manager, associate broker, or salesperson of a commission or any valuable consideration for the performance of any acts specified in this chapter, from any person, except the licensed real estate broker with whom he or she is licensed;

((~~(23)~~)) (20) To direct any transaction involving his or her principal, to any lending institution for financing or to any escrow company, in expectation of receiving a kickback or rebate therefrom, without first disclosing such expectation to his or her principal;

((~~(24)~~)) (21) Buying, selling, or leasing directly, or through a third party, any interest in real property without disclosing in writing that he or she holds a real estate license;

((~~(25)~~)) (22) In the case of a broker licensee, failing to exercise adequate supervision over the activities of his or her licensed associate brokers and salespersons within the scope of this chapter;

((~~(26)~~)) (23) Any conduct in a real estate transaction which demonstrates bad faith, dishonesty, untrustworthiness, or incompetency;

((~~(27)~~)) (24) Acting as a vehicle dealer, as defined in RCW 46.70.011, without having a license to do so; or

((~~(28)~~)) (25) Failing to ((~~assure~~)) ensure that the title is transferred under chapter 46.12 RCW when engaging in a transaction involving a mobile home as a broker, associate broker, or salesperson((~~; or~~

~~(29) Violation of an order to cease and desist which is issued by the director under this chapter~~)).

Sec. 231. RCW 18.85.261 and 1987 c 332 s 12 are each amended to read as follows:

((If the licensed person or applicant accused does not appear at the time and place appointed for the hearing in person or by counsel, the hearing officer may proceed and determine the facts of the accusation in his or her absence. The proceedings may be conducted at places within the state convenient to all persons concerned as determined by the director, and may be adjourned from day to day or for longer periods.)) The hearing officer shall cause a transcript of all such proceedings to be kept by a reporter and shall upon request after completion thereof, furnish a copy of such transcript to the licensed person or applicant accused in such proceedings at the expense of the licensee or applicant. The hearing officer shall certify the transcript of proceedings to be true and correct. If the director finds that the statement or accusation is not proved by a fair preponderance of evidence, the director shall notify the licensee or applicant and the person making the accusation and shall dismiss the case.

Sec. 232. RCW 18.85.271 and 1989 c 175 s 66 are each amended to read as follows:

If the director ((~~shall~~)) decides, after such hearing, that the evidence supports the accusation by a preponderance of evidence, the director may impose sanctions authorized under RCW 18.85.040. In such event the director shall enter an order to that effect and shall file the same in his or her office and immediately mail a copy ((~~thereof~~)) to the affected party at the address of record with the department. ((Such order shall not be operative for a period of ten days from the date thereof. Any licensee or applicant aggrieved by a final decision by the director in an adjudicative proceeding, whether such decision is affirmative or negative in form, is entitled to a judicial review in the superior court under the provisions of the Administrative Procedure Act, chapter 34.05 RCW.)) Upon instituting appeal in the superior court, the appellant shall give a cash bond to the state of Washington, which bond shall be filed with the clerk of the court, in the sum of five hundred dollars to be approved by the judge of said court, conditioned to pay all costs that may be awarded against such appellant in the event of an adverse decision, such bond and notice to be filed within thirty days from the date of the director's decision.

NEW SECTION. Sec. 233. A new section is added to chapter 18.85 RCW to read as follows:

Sec. 234. RCW 18.96.060 and 1969 ex.s. c 158 s 6 are each amended to read as follows:

The board shall adopt rules for its own organization and procedure and such other rules as it may deem necessary to the proper performance of its duties. Three members of the board shall constitute a quorum for the conduct of any business of the board.

The board may conduct hearings concerning alleged violations of the provisions of this chapter. ((In conducting such hearings the chairman of the board, or any member of the board acting in his place, may administer oaths or affirmations to witnesses appearing before the board, subpoena witnesses and compel their attendance, and require the production of books, records, papers and documents. If any person shall refuse to obey any subpoena so issued, or shall refuse to testify or to produce any books, records, papers or documents so required to be produced, the board may present its petition to the superior court of the county in which such person resides, setting forth the facts, and thereupon the court shall, in any proper case, enter a suitable order compelling compliance with the provisions of this chapter and imposing such other terms and conditions as the court may deem equitable.))

Sec. 235. RCW 18.96.120 and 1997 c 58 s 827 are each amended to read as follows:

(1) ((The director may refuse to renew, or may suspend or revoke, a certificate of registration to use the titles landscape architect, landscape architecture, or landscape architectural in this state upon the following grounds)) In addition to the conduct, acts, or conditions set out in section 114 of this act, the following constitute unprofessional conduct for which the director may impose discipline upon any license holder or applicant under the jurisdiction of this chapter:

(a) The holder of the certificate of registration is impersonating a practitioner or former practitioner.

(b) ((~~The holder of the certificate of registration is guilty of fraud, deceit, gross negligence, gross incompetency or gross misconduct in the practice of landscape architecture.~~

~~(c)~~)) The holder of the certificate of registration permits his or her seal to be affixed to any plans, specifications, or drawings that were not prepared by him or her or under his or her personal supervision by employees subject to his or her direction and control.

((~~(d) The holder of the certificate has committed fraud in applying for or obtaining a certificate.~~))

(2) The director shall immediately suspend the certificate of registration of a landscape architect who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((~~or a residential or visitation order~~)). If the person has continued to meet all other requirements for certification during the suspension, reissuance of the certificate of registration shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

Sec. 236. RCW 18.96.140 and 1985 c 7 s 77 are each amended to read as follows:

((Upon the recommendations of the board, the director may restore a license to any person whose license has been suspended or revoked. Application for the reissuance of a license shall be made in such a manner as indicated by the board.))

A new certificate of registration to replace any certificate lost or destroyed, or mutilated may be issued by the director, and a charge determined by the director as provided in RCW 43.24.086 shall be made for such issuance.

NEW SECTION. Sec. 237. A new section is added to chapter 18.96 RCW to read as follows:

Sec. 238. RCW 18.140.030 and 2000 c 249 s 2 are each amended to read as follows:

The director shall have the following powers and duties:

(1) To adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter and chapter 18.--- RCW (sections 101 through 124 of this act), with the advice and approval of the commission;

(2) To receive and approve or deny applications for certification or licensure as a state-certified or state-licensed real estate appraiser under this chapter; to establish appropriate administrative procedures for the processing of such applications; to issue certificates or licenses to qualified applicants pursuant to the provisions of this chapter; and to maintain a register of the names and addresses of individuals who are currently certified or licensed under this chapter;

(3) To provide administrative assistance to the members of and to keep records for the real estate appraiser commission;

(4) To solicit bids and enter into contracts with educational testing services or organizations for the preparation of questions and answers for certification or licensure examinations;

(5) To administer or contract for administration of certification or licensure examinations at locations and times as may be required to carry out the responsibilities under this chapter;

(6) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

(7) To consider recommendations by the real estate appraiser commission relating to the experience, education, and examination requirements for each classification of state-certified appraiser and for licensure;

(8) To consider recommendations by the real estate appraiser commission relating to continuing education requirements as a prerequisite to renewal of certification or licensure;

(9) To consider recommendations by the real estate appraiser commission relating to standards of professional appraisal conduct or practice in the enforcement of this chapter;

(10) ((~~To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings as provided in this chapter;~~

~~(11) To establish appropriate administrative procedures for disciplinary proceedings conducted pursuant to the provisions of this chapter;~~

(12) To compel the attendance of witnesses and production of books, documents, records, and other papers; to administer oaths; and to take testimony and receive evidence concerning all matters within their jurisdiction. These powers may be exercised directly by the director or the director's authorized representatives acting by authority of law;

~~(13) To take emergency action ordering summary suspension of a license or certification pending proceedings by the director;~~

~~(14)~~)) To employ such professional, clerical, and technical assistance as may be necessary to properly administer the work of the director;

((~~(15)~~)) (11) To establish forms necessary to administer this chapter;

((~~(16)~~)) (12) To establish an expert review appraiser roster comprised of state-certified or licensed real estate appraisers whose purpose is to assist the director by applying their individual expertise by reviewing real estate appraisals for compliance with this chapter. Qualifications to act as an expert review appraiser shall be established by the director with the advice of the commission. An application to serve as an expert review appraiser shall be submitted to the real estate appraiser program, and the roster of accepted expert review appraisers shall be maintained by the department. An expert review appraiser may be added to or deleted from that roster by the director. The expert review appraiser shall be reimbursed for expenses in the same manner as the department reimburses the commission; and

((~~(17)~~)) (13) To do all other things necessary to carry out the provisions of this chapter and minimally meet the requirements of federal guidelines regarding state certification or licensure of appraisers that the director determines are appropriate for state-certified and state-licensed appraisers in this state.

Sec. 239. RCW 18.140.160 and 2000 c 35 s 1 are each amended to read as follows:

((The director may deny an application for licensure or certification and may impose any one or more of the following sanctions against a state-licensed or state-certified appraiser: Suspend, revoke, or levy a fine not to exceed one thousand dollars for each offense and/or otherwise discipline in accordance with the provisions of this chapter, for any of the following acts or omissions)) In addition to the unprofessional conduct described in section 114 of this act, the director may take disciplinary action for the following conduct, acts, or conditions:

(1) Failing to meet the minimum qualifications for state licensure or certification established by or pursuant to this chapter;

(2) ((Procuring or attempting to procure state licensure or certification under this chapter by knowingly making a false statement, knowingly submitting false information, or knowingly making a material misrepresentation on any application filed with the director;

~~(3)~~)) Paying money other than the fees provided for by this chapter to any employee of the director or the ((~~committee~~)) commission to procure state licensure or certification under this chapter;

((~~(4) Obtaining a license or certification through the mistake or inadvertence of the director;~~

(5) Conviction of any gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether or not the act constitutes a crime. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license or certificate holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;

~~(6) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;~~

~~(7) Negligence or incompetence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;~~

~~(8)~~)) (3) Continuing to act as a state-licensed or state-certified real estate appraiser when his or her license or certificate is on an expired status;

(((9) Failing, upon demand, to disclose any information within his or her knowledge to, or to produce any document, book, or record in his or her possession for inspection of the director or the director's authorized representatives acting by authority of law;

~~(10)~~)) (4) Violating any provision of this chapter or any lawful rule made by the director pursuant thereto;

((~~(11) Advertising in a false, fraudulent, or misleading manner;~~

(12) Suspension, revocation, or restriction of the individual's license or certification to practice the profession by competent authority in any state, federal, or foreign jurisdiction, with a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

~~(13) Failing to comply with an order issued by the director;~~

(14) Committing any act of fraudulent or dishonest dealing or a crime involving moral turpitude, with a certified copy of the final holding of any court of competent jurisdiction in such matter being conclusive evidence in any hearing under this chapter; and

~~(15)~~)) (5) Issuing an appraisal report on any real property in which the appraiser has an interest unless his or her interest is clearly stated in the appraisal report; and

(6) Being affiliated as an employee or independent contractor with a state-licensed or state-certified real estate appraiser when the appraiser's license or certificate has been revoked due to disciplinary action.

Sec. 240. RCW 18.140.170 and 1996 c 182 s 10 are each amended to read as follows:

The director may investigate the actions of a state-licensed or state-certified real estate appraiser or an applicant for licensure or certification or relicensure or recertification. Upon receipt of information indicating that a state-licensed or state-certified real estate appraiser under this chapter may have violated this chapter, the director ((~~shall~~)) may cause one or more of the staff investigators to make an investigation of the facts to determine whether or not there is admissible evidence of any such violation. If technical assistance is required, a staff investigator may consult with one or more of the members of the ((~~committee~~)) commission.

((In any investigation made by the director's investigative staff, the director shall have the power to compel the attendance of witnesses and the production of books, documents, records, and other papers, to administer oaths, and to take testimony and receive evidence concerning all matters within the director's jurisdiction.

If the director determines, upon investigation, that a state-licensed or state-certified real estate appraiser under this chapter has violated this chapter, a statement of charges shall be prepared and served upon the state-licensed or state-certified real estate appraiser. The statement of charges shall be served as follows: The statement of charges shall be sent by certified or registered mail, and if no receipt of service is received, two attempts to personally serve the statement of charges shall be made. This statement of charges shall require the accused party to file an answer to the statement of charges within twenty days of the date of service.

In responding to a statement of charges, the accused party may admit to the allegations, deny the allegations, or otherwise plead. Failure to make a timely response shall be deemed an admission of the allegations contained in the statement of charges and will result in a default whereupon the director may enter an order under RCW 34.05.440. If a hearing is requested, the time of the hearing shall be scheduled but the hearing shall not be held earlier than thirty days after service of the charges upon the accused. A notice of hearing shall be issued at least twenty days prior to the hearing, specifying the time, date, and place of hearing.))

NEW SECTION. Sec. 241. A new section is added to chapter 18.140 RCW to read as follows:

The real estate appraiser commission account is created in the state treasury. All fees received by the department for licenses, registrations, renewals, examinations, and audits must be forwarded to the state treasurer who must credit the money to the account. All fines and civil penalties ordered pursuant to RCW 18.140.020, 18.140.160, or section 112 of this act against holders of licenses, certificates, or registrations issued under the provisions of this chapter must be paid to the account. All expenses incurred in carrying out the licensing and registration activities of the department under this chapter must be paid from the account as authorized by legislative appropriation. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium. All earnings of investments of balances in the account shall be credited to the general fund. Any fund balance remaining in the general fund attributable to the real estate appraiser commission account as of July 1, 2003, must be transferred to the real estate appraiser commission account.

NEW SECTION. Sec. 242. A new section is added to chapter 18.140 RCW to read as follows:

Sec. 243. RCW 18.145.050 and 1995 c 269 s 502 and 1995 c 27 s 6 are each reenacted and amended to read as follows:

In addition to any other authority provided by law, the director may:

(1) Adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter;

(2) Set all renewal, late renewal, duplicate, and verification fees in accordance with RCW 43.24.086;

(3) Establish the forms and procedures necessary to administer this chapter;

(4) Issue a certificate to any applicant who has met the requirements for certification;

(5) Hire clerical((,)) and administrative((~~, and investigative~~)) staff as needed to implement and administer this chapter;

(6) ((~~Investigate complaints or reports of unprofessional conduct as defined in this chapter and hold hearings under chapter 34.05 RCW;~~

(7) Issue subpoenas for records and attendance of witnesses, statements of charges, statements of intent to deny certificates, and orders; administer oaths; take or cause depositions to be taken; and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

~~(8)~~)) Maintain the official departmental record of all applicants and certificate holders;

((~~(9) Delegate, in writing to a designee, the authority to issue subpoenas, statements of charges, and statements of intent to deny certification;~~

~~(10)~~)) (7) Approve the preparation and administration of examinations for certification;

((~~(11)~~)) (8) Establish by rule the procedures for an appeal of a failure of an examination;

((~~(12) Conduct a hearing under chapter 34.05 RCW on an appeal of a denial of a certificate based on the applicant's failure to meet minimum qualifications for certification;~~

~~(13)~~)) (9) Set the criteria for meeting the standard required for certification;

((~~(14)~~)) (10) Establish advisory committees whose membership shall include representatives of professional court reporting and stenomasking associations and representatives from accredited schools offering degrees in court reporting or stenomasking to advise the director on testing procedures, professional standards, disciplinary activities, or any other matters deemed necessary;

((~~(15)~~)) (11) Establish ad hoc advisory committees whose membership shall include representatives of professional court reporting and stenomasking associations and representatives from accredited schools offering degrees in court reporting or stenomasking to advise the director on testing procedures, professional standards, ((~~disciplinary activities,~~)) or any other matters deemed necessary.

NEW SECTION. Sec. 244. A new section is added to chapter 18.145 RCW to read as follows:

Sec. 245. RCW 18.165.160 and 1997 c 58 s 835 are each amended to read as follows:

In addition to the unprofessional conduct described in section 114 of this act, the director may take disciplinary action for the following conduct, acts ((are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director)), or conditions:

(1) ((~~Knowingly~~)) Violating any of the provisions of this chapter or the rules adopted under this chapter;

(2) ((~~Knowingly~~)) Making a material misstatement or omission in the application for or renewal of a ((~~license or~~)) firearms certificate, including falsifying requested identification information;

(3) Not meeting the qualifications set forth in RCW 18.165.030, 18.165.040, or 18.165.050;

(4) Failing to return immediately on demand a firearm issued by an employer;

(5) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private investigator license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

(6) Failing to return immediately on demand company identification, badges, or other items issued to the private investigator by an employer;

(7) Making any statement that would reasonably cause another person to believe that the private investigator is a sworn peace officer;

(8) Divulging confidential information obtained in the course of any investigation to which he or she was assigned;

(9) Acceptance of employment that is adverse to a client or former client and relates to a matter about which a licensee has obtained confidential information by reason of or in the course of the licensee's employment by the client;

(10) ((Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended;

~~(11) Advertising that is false, fraudulent, or misleading;~~

~~(12) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;~~

(13) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

~~(14) Failure to cooperate with the director by:~~

(a) Not furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

~~(b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or~~

~~(c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;~~

~~(15) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director;~~

~~(16) Aiding or abetting an unlicensed person to practice if a license is required;~~

~~(17) Misrepresentation or fraud in any aspect of the conduct of the business or profession;~~

~~(18) Failure to adequately supervise employees to the extent that the public health or safety is at risk;~~

(19) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

~~(20)~~)) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.165.050;

((~~(21)~~)) (11) Assisting a client to locate, trace, or contact a person when the investigator knows that the client is prohibited by any court order from harassing or contacting the person whom the investigator is being asked to locate, trace, or contact, as it pertains to domestic violence, stalking, or minor children;

((~~(22)~~)) (12) Failure to maintain bond or insurance;

((~~(23)~~)) (13) Failure to have a qualifying principal in place; or

((~~(24)~~)) (14) Being certified as not in compliance with a support order ((~~or a residential or visitation order~~)) as provided in RCW 74.20A.320.

Sec. 246. RCW 18.165.170 and 1995 c 277 s 35 are each amended to read as follows:

The director has the following authority in administering this chapter:

(1) To adopt, amend, and rescind rules as deemed necessary to carry out this chapter;

(2) ((~~To issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under this chapter;~~

~~(3) To take or cause depositions to be taken and use other discovery procedures as needed in an investigation, hearing, or proceeding held under this chapter;~~

~~(4) To compel attendance of witnesses at hearings;~~

~~(5) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;~~

~~(6) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the director;~~

(7) To use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the director or the director's designee shall make the final decision in the hearing;

~~(8)~~)) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;

((~~(9)~~)) (3) To adopt standards of professional conduct or practice;

((~~(10) In the event of a finding of unprofessional conduct by an applicant or license holder, to impose sanctions against a license applicant or license holder as provided by this chapter;~~

~~(11)~~)) (4) To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant or license holder shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action; and

((~~(12) To designate individuals authorized to sign subpoenas and statements of charges;~~

~~(13)~~)) (5) To employ such ((~~investigative,~~)) administrative((,)) and clerical staff as necessary for the enforcement of this chapter((;

~~(14) To compel attendance of witnesses at hearings; and~~

~~(15) To assess administrative penalties for violations of law, rules, or regulations~~)).

NEW SECTION. Sec. 247. A new section is added to chapter 18.165 RCW to read as follows:

Sec. 248. RCW 18.170.170 and 1997 c 58 s 837 are each amended to read as follows:

In addition to the ((provisions of RCW 18.170.164, the following acts are prohibited and constitute grounds for disciplinary action, assessing administrative penalties, or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:

~~(1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;~~

~~(2)~~)) unprofessional conduct described in section 114 of this act, the following conduct, acts, or conditions constitute unprofessional conduct:

(1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

(2) Practicing fraud, deceit, or misrepresentation in any of the private security activities covered by this chapter;

(3) Knowingly making a material misstatement or omission in the application for a ((~~license or~~)) firearms certificate;

(4) Not meeting the qualifications set forth in RCW 18.170.030, 18.170.040, or 18.170.060;

(5) Failing to return immediately on demand a firearm issued by an employer;

(6) Carrying a firearm in the performance of his or her duties if not the holder of a valid armed private security guard license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her duties;

(7) Failing to return immediately on demand any uniform, badge, or other item of equipment issued to the private security guard by an employer;

(8) Making any statement that would reasonably cause another person to believe that the private security guard is a sworn peace officer;

(9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or any activity of a client to which he or she was assigned;

~~(11) Misrepresentation or concealment of a material fact in obtaining a license or in reinstatement thereof;~~

~~(12) Advertising that is false, fraudulent, or misleading;~~

~~(13) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;~~

(14) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

~~(15) Failure to cooperate with the director by:~~

~~(b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or~~

~~(c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;~~

~~(16) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the disciplining authority;~~

~~(17) Aiding or abetting an unlicensed person to practice if a license is required;~~

~~(18) Misrepresentation or fraud in any aspect of the conduct of the business or profession;~~

~~(19) Failure to adequately supervise employees to the extent that the public health or safety is at risk;~~

(20) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against a client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

~~(21)~~)) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.170.060;

((~~(22)~~)) (11) Failure to maintain insurance; and

((~~(23)~~)) (12) Failure to have a qualifying principal in place.

Sec. 249. RCW 18.170.180 and 1991 c 334 s 18 are each amended to read as follows:

The director has the following authority in administering this chapter:

(1) To adopt, amend, and rescind rules as deemed necessary to carry out this chapter;

(2) ((~~To issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under this chapter;~~

~~(3) To take or cause depositions to be taken and use other discovery procedures as needed in an investigation, hearing, or proceeding held under this chapter;~~

~~(4) To compel attendance of witnesses at hearings;~~

~~(5) In the course of investigating a complaint or report of unprofessional conduct, to conduct practice reviews;~~

~~(6) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the director;~~

(7) To use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the director or the director's designee shall make the final decision in the hearing;

~~(8) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;~~

~~(9)~~)) To adopt standards of professional conduct or practice;

((~~(10) In the event of a finding of unprofessional conduct by an applicant or license holder, to impose sanctions against a license applicant or license holder as provided by this chapter;~~

~~(11)~~)) (3) To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant or license holder shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action; and

((~~(12) To designate individuals authorized to sign subpoenas and statements of charges;~~

~~(13)~~)) (4) To employ such ((~~investigative,~~)) administrative((,)) and clerical staff as necessary for the enforcement of this chapter((~~; and~~

~~(14) To compel the attendance of witnesses at hearings~~)).

NEW SECTION. Sec. 250. A new section is added to chapter 18.170 RCW to read as follows:

Sec. 251. RCW 18.185.110 and 1993 c 260 s 12 are each amended to read as follows:

((~~The following acts are prohibited and constitute grounds for disciplinary action or denial, suspension, or revocation of any license under this chapter, as deemed appropriate by the director:~~

~~(1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;~~

~~(2) Knowingly making a material misstatement or omission in the application for or renewal of a license;~~

~~(3)~~)) In addition to the unprofessional conduct described in section 114 of this act, the following conduct, acts, or conditions constitute unprofessional conduct:

(1) Violating any of the provisions of this chapter or the rules adopted under this chapter;

(2) Failing to meet the qualifications set forth in RCW 18.185.020 and 18.185.030;

(((4) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether the act constitutes a crime or not. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such a conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

~~(5) Advertising that is false, fraudulent, or misleading;~~

~~(6) Incompetence or negligence that results in injury to a person or that creates an unreasonable risk that a person may be harmed;~~

(7) Suspension, revocation, or restriction of the individual's license to practice the profession by competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement being conclusive evidence of the revocation, suspension, or restriction;

~~(8) Failure to cooperate with the director by not:~~

(a) Furnishing any necessary papers or documents requested by the director for purposes of conducting an investigation for disciplinary action, denial, suspension, or revocation of a license under this chapter;

~~(b) Furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or~~

~~(c) Responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;~~

~~(9) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director;~~

~~(10) Aiding or abetting an unlicensed person to practice if a license is required;~~

~~(11)~~)) (3) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the word, representation, or conduct of the licensee;

((~~(12) Failure to adequately supervise employees to the extent that the client funds are at risk;~~

(13) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by the use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;

~~(14)~~)) (4) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in RCW 18.185.030;

((~~(15)~~)) (5) Conversion of any money or contract, deed, note, mortgage, or other evidence of title, to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, or other evidence of title within thirty days after the owner is entitled to possession, and makes demand for possession, shall be prima facie evidence of conversion;

((~~(16)~~)) (6) Failing to keep records, maintain a trust account, or return collateral or security, as required by RCW 18.185.100;

((~~(17)~~)) (7) Any conduct in a bail bond transaction which demonstrates bad faith, dishonesty, or untrustworthiness; or

((~~(18)~~)) (8) Violation of an order to cease and desist that is issued by the director under this chapter.

Sec. 252. RCW 18.185.120 and 1993 c 260 s 13 are each amended to read as follows:

In addition to those powers set forth in section 104 of this act, the director has the ((~~following~~)) authority ((~~in administering this chapter~~)):

(1) ((~~To adopt, amend, and rescind rules as deemed necessary to carry out this chapter;~~

(2) To issue an order providing for one or any combination of the following upon violation or violations of this chapter: Denying, suspending, or revoking a license; assessing monetary penalties; restricting or limiting practice; complying with conditions of probation for a designated period of time; making restitution to the person harmed by the licensee; or other corrective action;

~~(3) To issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under this chapter;~~

~~(4) To take or cause depositions to be taken and use other discovery procedures as needed in an investigation, hearing, or proceeding held under this chapter;~~

~~(5) To compel attendance of witnesses at hearings;~~

~~(6) To establish fees by rule under RCW 43.24.086 and chapter 34.05 RCW;~~

~~(7) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the director;~~

(8) To use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the director or the director's designee shall make the final decision in the hearing;

~~(9) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;~~

~~(10) To adopt standards of professional conduct or practice;~~

~~(11) In the event of a finding of unprofessional conduct by an applicant or license holder, to impose sanctions against an applicant or license holder as provided by this chapter;~~

~~(12)~~)) To order restitution to the person harmed by the licensee; or

(2) To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant or license holder shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action((;

~~(13) To designate individuals authorized to sign subpoenas and statements of charges; and~~

~~(14) To employ such investigative, administrative, and clerical staff as necessary for the enforcement of this chapter~~)).

Sec. 253. RCW 18.185.140 and 1993 c 260 s 15 are each amended to read as follows:

(((1) If the director determines, upon investigation, that there is reason to believe a violation of this chapter has occurred, a statement of charges shall be prepared and served upon the license holder or applicant and)) When a statement of charges is issued against a license holder or applicant under section 106 of this act, notice of this action must be given to the owner or qualified agent of the employing bail bond agency. ((The statement of charges shall be accompanied by a notice that the license holder or applicant may request a hearing to contest the charges. The license holder or applicant must file a request for hearing with the department within twenty days after being served the statement of charges. The failure to request a hearing constitutes a default, whereupon the director may enter an order under RCW 34.05.440.

(2) If a hearing is requested, the time of the hearing shall be scheduled but the hearing shall not be held earlier than thirty days after service of the charges upon the license holder or applicant. A notice of hearing shall be issued at least twenty days prior to the hearing, specifying the time, date, and place of the hearing.))

Sec. 254. RCW 18.185.170 and 1993 c 260 s 18 are each amended to read as follows:

(1) ((The director shall investigate complaints concerning practice by unlicensed persons of a profession or business for which a license is required by this chapter. In the investigation of the complaints, the director has the same authority as provided the director under RCW 18.185.140. The director shall issue a cease and desist order to a person after notice and hearing and upon a determination that the person has violated this subsection. If the director makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, the director may issue a temporary cease and desist order. The cease and desist order shall not relieve the person practicing or operating a business without a license from criminal prosecution therefor, but the remedy of a cease and desist order shall be in addition to any criminal liability. The cease and desist order is conclusive proof of unlicensed practice and may be enforced under RCW 7.21.060. This method of enforcement of the cease and desist order may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders.

(2) The attorney general, a county prosecuting attorney, the director, or any person may, in accordance with the law of this state governing injunctions, maintain an action in the name of this state to enjoin any person practicing a profession or business for which a license is required by this chapter without a license from engaging in such practice or operating such business until the required license is secured. However, the injunction shall not relieve the person practicing or operating a business without a license from criminal prosecution therefor, but the remedy by injunction shall be in addition to any criminal liability.

~~(3)~~)) After June 30, 1994, any person who performs the functions and duties of a bail bond agent in this state without being licensed in accordance with the provisions of this chapter, or any person presenting or attempting to use as his or her own the license of another, or any person who gives false or forged evidence of any kind to the director in obtaining a license, or any person who falsely impersonates any other licensee, or any person who attempts to use an expired or revoked license, or any person who violates any of the provisions of this chapter is guilty of a gross misdemeanor.

((~~(4)~~)) (2) After January 1, 1994, a person is guilty of a gross misdemeanor if he or she owns or operates a bail bond agency in this state without first obtaining a bail bond agency license.

((~~(5)~~)) (3) After June 30, 1994, the owner or qualified agent of a bail bond agency is guilty of a gross misdemeanor if he or she employs any person to perform the duties of a bail bond agent without the employee having in his or her possession a permanent bail bond agent license issued by the department.

((~~(6) All fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation of this section shall be remitted to the department.~~))

NEW SECTION. Sec. 255. A new section is added to chapter 18.185 RCW to read as follows:

Sec. 256. RCW 18.210.020 and 1999 c 263 s 3 are each amended to read as follows:

((~~(1)~~)) In addition to the unprofessional conduct described in section 114 of this act, the following conduct, acts, and conditions constitute unprofessional conduct ((~~for any person issued, or applying for, a practice permit or license under this chapter~~)):

((~~(a) Any act involving moral turpitude, dishonesty, or corruption relating to the practice of on-site wastewater treatment designs or inspections, whether or not the act constitutes a crime;~~

~~(b) Misrepresentation or concealment of a material fact in applying for, obtaining, or reinstating a practice permit or license;~~

~~(c) Any advertising which is false, fraudulent, or misleading;~~

~~(d) Incompetence, gross negligence, or malpractice that results in injury to an individual, damage to property, or adverse impact on the environment;~~

(e) As determined by the board, failure to provide to the board in a timely manner any lawfully requested information or documentation regarding a pending application, license renewal application, or administrative proceeding;

~~(f) Failure to comply with an order issued or approved by the board;~~

~~(g) Aiding or abetting a person in engaging in practice without a required practice permit or license;~~

~~(h) Practicing beyond the scope of practice as defined by law or rule;~~

~~(i) Misrepresentation or fraud in any aspect of the conduct of the business or profession of designing on-site wastewater treatment systems;~~

~~(j) Failure to adequately supervise auxiliary staff to the extent that the consumer's health or safety is at risk;~~

(k) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the board or its authorized representative, or by the use of threats or harassment against any person who may serve as a witness in any adjudicative proceeding before the board;

~~(l)~~)) (1) Practicing with a practice permit or license issued under this chapter that is expired, suspended, or revoked;

((~~(m)~~)) (2) Being willfully untruthful or deceptive in any document, report, statement, testimony, or plan that pertains to the design or construction of an on-site wastewater treatment system; and

((~~(n)~~)) (3) Submission of a design or as-built record to a local health jurisdiction, to the department of health, or to the department of ecology, that is knowingly based upon false, incorrect, misleading, or fabricated information((~~; and~~

~~(o) Any act or omission that is contrary to the standard of practice for individuals authorized to practice under this chapter.~~

(2) If an act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon conviction, however, the judgment and sentence is conclusive evidence, at the ensuing disciplinary hearing, of guilt of the crime described in the complaint, indictment, or information, and of violation of the statute on which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and in all proceedings in which the sentence has been deferred or suspended)).

Sec. 257. RCW 18.210.030 and 1999 c 263 s 4 are each amended to read as follows:

((~~(1) The board, upon finding a violation of this chapter, has the exclusive power to:~~

~~(a) Reprimand an applicant, licensee, or practice permit holder;~~

~~(b) Suspend, revoke, or refuse to renew a license or practice permit;~~

~~(c) Deny an application for a practice permit or license; and~~

~~(d) Impose any monetary penalty not exceeding one thousand dollars for each violation upon an applicant, licensee, or permit holder.~~

(2) Any person may file with the board a complaint alleging violation of this chapter. All complaints alleging violation of this chapter must be in writing and sworn to by the person making the allegation.

(3) All procedures related to hearings on any complaint alleging violations of this chapter must comply with provisions governing adjudicative proceedings as set forth in chapter 34.05 RCW, the administrative procedure act.

~~(4)~~)) The board shall immediately suspend the license or practice permit of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for a license under this chapter during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the child support order. The procedure in RCW 74.20A.320 is the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order, and suspension of a license under this subsection, and satisfies the requirements of RCW 34.05.422.

Sec. 258. RCW 18.210.060 and 1999 c 263 s 7 are each amended to read as follows:

(1) The board may:

(a) Adopt rules to implement this chapter including, but not limited to, evaluation of experience, examinations, and scope and standards of practice;

(b) Administer licensing examinations; and

~~(d) Conduct investigations of complaints alleging violations of this chapter;~~

~~(e) Conduct adjudicative proceedings in accordance with the administrative procedure act, chapter 34.05 RCW;~~

~~(f) Issue investigative subpoenas to compel the production of records, maps, and other documents, as may be related to the investigation of violations of this chapter; and~~

~~(g) Take disciplinary action as provided for in RCW 18.43.110 and 18.43.120~~)).

(2) The board shall consider recommendations of the advisory committee made in accordance with this chapter.

Sec. 259. RCW 18.210.160 and 1999 c 263 s 17 are each amended to read as follows:

((~~(1)~~)) On or after July 1, 2003, it is a gross misdemeanor for any person, not otherwise exempt from the requirements of this chapter, to: ((~~(a)~~)) (1) Perform on-site wastewater treatment systems design services without a license; ((~~(b)~~)) (2) purport to be qualified to perform those services without having been issued a standard license under this chapter; ((~~(c)~~)) (3) attempt to use the license or seal of another; ((~~(d)~~)) (4) attempt to use a revoked or suspended license; or ((~~(e)~~)) (5) attempt to use false or fraudulent credentials. In addition, action may be taken under section 116 of this act.

((~~(2) The board may exercise its authority under RCW 18.43.120 in dealing with persons described in subsection (1) of this section.~~))

NEW SECTION. Sec. 260. A new section is added to chapter 18.210 RCW to read as follows:

Sec. 261. RCW 18.220.040 and 2000 c 253 s 5 are each amended to read as follows:

The director has the following authority in administering this chapter:

(1) To adopt, amend, and rescind rules approved by the board as deemed necessary to carry out this chapter;

(2) To adopt fees as provided in RCW 43.24.086;

(3) To administer licensing examinations approved by the board and to adopt or recognize examinations prepared by other organizations as approved by the board;

(4) ((~~To issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under this chapter;~~

~~(5) To take or cause depositions to be taken and use other discovery procedures as needed in an investigation, hearing, or proceeding held under this chapter;~~

~~(6) To compel attendance of witnesses at hearings;~~

~~(7) In the course of investigating a complaint or report of unprofessional conduct, to direct the board to conduct practice reviews and disciplinary hearings;~~

~~(8) To take emergency action ordering summary suspension of a license, or restrict or limit a licensee's practice pending further proceedings by the director;~~

(9) To use the board or, at the request of the board, the office of administrative hearings, as authorized in chapter 34.12 RCW, to conduct hearings. However, the director or the director's designee shall make the final decision as to disposition of the charges;

~~(10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;~~

~~(11)~~)) To adopt standards of professional conduct and practice as approved by the board; and

((~~(12) In the event of a finding of unprofessional conduct by an applicant or license holder, to impose sanctions against a license applicant or license holder as provided by this chapter;~~

~~(13)~~)) (5) To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. Violation of an assurance under this subsection is grounds for disciplinary action((;

~~(14) To designate individuals authorized to sign subpoenas and statement of charges; and~~

~~(15) To employ investigative, administrative, and clerical staff as necessary for the enforcement of this chapter~~)).

Sec. 262. RCW 18.220.050 and 2000 c 253 s 6 are each amended to read as follows:

The board has the following authority in administering this chapter:

(1) To establish rules, including board organization and assignment of terms, and meeting frequency and timing, for adoption by the director;

(2) To establish the minimum qualifications for applicants for licensure as provided by this chapter;

(3) To approve the method of administration for examinations required by this chapter or by rule as established by the director. To approve the adoption or recognition of examinations prepared by other organizations for adoption by the director. To set the time and place of examinations with the approval of the director;

(4) To establish and review standards of professional conduct and practice for adoption by the director. Rules of professional conduct will be consistent with those outlined for engineers and land surveyors; and

(5) To designate specialties of geology to be licensed under this chapter((;

~~(6) To conduct disciplinary hearings; and~~

~~(7) To conduct practice reviews~~)).

Sec. 263. RCW 18.220.130 and 2000 c 253 s 14 are each amended to read as follows:

In addition to the unprofessional conduct described in section 114 of this act, the following conduct, acts ((~~are prohibited and~~)), and conditions constitute ((~~grounds for disciplinary action or denial, suspension, or revocation of any license under this chapter~~)) unprofessional conduct:

(1) ((~~Knowingly~~)) Violating any of the provisions of this chapter or the rules adopted under this chapter;

(2) ((~~Knowingly making a material misstatement or omission in the application for or renewal of a license;~~

~~(3)~~)) Not meeting the qualifications for licensing set forth by this chapter;

((~~(4) Incompetency, misconduct, fraud, gross negligence, or repeated incidents of negligence in or related to the practice of geology;~~

(5) Conviction of a gross misdemeanor or felony or the commission of any act involving moral turpitude, dishonesty, or corruption whether or not the act constitutes a crime. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon such conviction, however, the judgment and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license holder or applicant of the crime described in the indictment or information, and of the person's violation of the statute on which it was based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;

~~(6) Advertising that is false, fraudulent, or misleading;~~

~~(8) Aiding or abetting an unlicensed person to practice if a license is required;~~

~~(9) Failure to adequately supervise subordinates to the extent that the public health or safety is at risk;~~

~~(10) Failure to cooperate with the director by:~~

~~(b) Not furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with the department; or~~

~~(c) Not responding to subpoenas issued by the director, whether or not the recipient of the subpoena is the accused in the proceeding;~~

~~(11)~~)) (3) Failure to comply with an ((~~order issued by the director or an~~)) assurance of discontinuance entered into with the director;

(((12) Interference with an investigation or disciplinary proceeding by willful misrepresentation of facts before the director or the director's authorized representative, or by use of threats or harassment against any client or witness to prevent them from providing evidence in a disciplinary proceeding or any other legal action;)) or

((~~(13)~~)) (4) Committing any other act, or failing to act, which act or failure are customarily regarded as being contrary to the accepted professional conduct or standard generally expected of those practicing geology.

Sec. 264. RCW 18.220.150 and 2000 c 253 s 16 are each amended to read as follows:

A person, including but not limited to consumers, licensees, corporations, organizations, and state and local governments or agencies, may submit a written complaint to the department charging a license holder or applicant with unprofessional conduct and specifying the grounds for the charge. If the director determines that the complaint merits investigation, or if the director has reason to believe, without a formal complaint, that a license holder or applicant may have engaged in unprofessional conduct, the director ((~~shall~~)) may investigate to determine if there has been unprofessional conduct. A person who files a complaint under this section in good faith is immune from suit in any civil action related to the filing or contents of the complaint. ((The director, individuals acting on the director's behalf, and members of the board are immune from suit in any action, civil or criminal, based on disciplinary proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.))

NEW SECTION. Sec. 265. A new section is added to chapter 18.220 RCW to read as follows:

Sec. 266. RCW 19.16.120 and 1997 c 58 s 847 are each amended to read as follows:

In addition to other provisions of this chapter, ((any license issued pursuant to this chapter or any application therefor may be denied, not renewed, revoked, or suspended, or in lieu of or in addition to suspension a licensee may be assessed a civil, monetary penalty in an amount not to exceed one thousand dollars)) and the unprofessional conduct described in section 114 of this act, the following conduct, acts, or conditions constitute unprofessional conduct:

(1) If an individual applicant or licensee is less than eighteen years of age or is not a resident of this state.

(2) If an applicant or licensee is not authorized to do business in this state.

(3) If the application or renewal forms required by this chapter are incomplete, fees required under RCW 19.16.140 and 19.16.150, if applicable, have not been paid, and the surety bond or cash deposit or other negotiable security acceptable to the director required by RCW 19.16.190, if applicable, has not been filed or renewed or is canceled.

(4) If any individual applicant, owner, officer, director, or managing employee of a nonindividual applicant or licensee:

(a) ((Shall have knowingly made a false statement of a material fact in any application for a collection agency license or an out-of-state collection agency license or renewal thereof, or in any data attached thereto and two years have not elapsed since the date of such statement;

(b) Shall have had a license to engage in the business of a collection agency or out-of-state collection agency denied, not renewed, suspended, or revoked by this state, any other state, or foreign country, for any reason other than the nonpayment of licensing fees or failure to meet bonding requirements: PROVIDED, That the terms of this subsection shall not apply if:

~~(i) Two years have elapsed since the time of any such denial, nonrenewal, or revocation; or~~

~~(ii) The terms of any such suspension have been fulfilled;~~

(c) Has been convicted in any court of any felony involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and is incarcerated for that offense or five years have not elapsed since the date of such conviction;

~~(d)~~)) Has had any judgment entered against him or her in any civil action involving forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date of the entry of the final judgment in said action: PROVIDED, That in no event shall a license be issued unless the judgment debt has been discharged;

((~~(e)~~)) (b) Has had his or her license to practice law suspended or revoked and two years have not elapsed since the date of such suspension or revocation, unless he or she has been relicensed to practice law in this state;

((~~(f)~~)) (c) Has had any judgment entered against ((~~him or it~~)) such a person under the provisions of RCW 19.86.080 or 19.86.090 involving a violation or violations of RCW 19.86.020 and two years have not elapsed since the entry of the final judgment: PROVIDED, That in no event shall a license be issued unless the terms of such judgment, if any, have been fully complied with: PROVIDED FURTHER, That said judgment shall not be grounds for denial, suspension, nonrenewal, or revocation of a license unless the judgment arises out of and is based on acts of the applicant, owner, officer, director, managing employee, or licensee while acting for or as a collection agency or an out-of-state collection agency;

((~~(g)~~)) (d) Has petitioned for bankruptcy, and two years have not elapsed since the filing of ((~~said~~)) the petition;

((~~(h) Shall be~~)) (e) Is insolvent in the sense that ((~~his or its~~)) the person's liabilities exceed ((~~his or its~~)) the person's assets or in the sense that ((~~he or it~~)) the person cannot meet ((~~his or its~~)) obligations as they mature;

((~~(i)~~)) (f) Has failed to pay any civil, monetary penalty assessed in accordance with RCW 19.16.351 ((~~or 19.16.360~~)) within ten days after the assessment becomes final;

((~~(j)~~)) (g) Has ((~~knowingly~~)) failed to comply with, or violated any provisions of this chapter or any rule or regulation issued pursuant to this chapter, and two years have not elapsed since the occurrence of said noncompliance or violation; or

((~~(k)~~)) (h) Has been found by a court of competent jurisdiction to have violated the federal fair debt collection practices act, 15 U.S.C. Sec. 1692 et seq., or the Washington state consumer protection act, chapter 19.86 RCW, and two years have not elapsed since that finding.

Except as otherwise provided in this section, any person who is engaged in the collection agency business as of January 1, 1972, shall, upon filing the application, paying the fees, and filing the surety bond or cash deposit or other negotiable security in lieu of bond required by this chapter, be issued a license under this chapter.

The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((~~or a residential or visitation order~~)). If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

Sec. 267. RCW 19.16.351 and 1977 ex.s. c 194 s 2 are each amended to read as follows:

The board, in addition to any other powers and duties granted under this chapter and section 104 of this act:

(1) May adopt, amend, and rescind ((~~such~~)) rules ((~~and regulations~~)) for its own organization and procedure and ((~~such~~)) other rules ((~~and regulations~~)) as it may deem necessary in order to perform its duties ((~~hereunder~~)) under this chapter.

(2) ((When an applicant or licensee has requested a hearing as provided in RCW 19.16.360 the board shall meet and after notice and hearing may deny any application for a license hereunder, and may fail to renew, suspend, or revoke any license issued hereunder, if the applicant or licensee has failed to comply with or violated any provision of this chapter or any rule or regulation issued pursuant to this chapter. In its discretion, the board may assess a civil, monetary penalty against a licensee in an amount not to exceed one thousand dollars in lieu of or in addition to suspension. It shall be the duty of the board within thirty days after the last day of hearing to notify the appellant of its decision.

~~(3)~~)) May inquire into the needs of the collection agency business, the needs of the director, and the matter of the policy of the director in administering this chapter, and make such recommendations with respect thereto as, after consideration, may be deemed important and necessary for the welfare of the state, the welfare of the public, and the welfare and progress of the collection agency business.

((~~(4)~~)) (3) Upon request of the director, confer and advise in matters relating to the administering of this chapter.

((~~(5)~~)) (4) May consider and make appropriate recommendations to the director in all matters referred to the board.

((~~(6)~~)) (5) Upon ((~~his~~)) request of the director, confer with and advise the director in the preparation of any rules ((~~and regulations~~)) to be adopted, amended, or repealed.

((~~(7)~~)) (6) May assist the director in the collection of such information and data as the director may deem necessary to the proper administration of this chapter.

NEW SECTION. Sec. 268. A new section is added to chapter 19.16 RCW to read as follows:

Sec. 269. RCW 19.31.070 and 1969 ex.s. c 228 s 7 are each amended to read as follows:

(1) The director shall administer the provisions of this chapter and shall issue from time to time reasonable rules and regulations for enforcing and carrying out the provisions and purposes of this chapter.

(2) ((The director shall have power to compel the attendance of witnesses by the issuance of subpoenas, to administer oaths, and to take testimony and proofs concerning all matters pertaining to the administration of this chapter.

~~(3)~~)) The director shall have supervisory and investigative authority over all employment agencies. Upon receiving a complaint against any employment agency, the director shall have the right to examine all books, documents, or records in its possession. In addition, the director may examine the office or offices where business is or shall be conducted by such agency.

Sec. 270. RCW 19.31.130 and 1997 c 58 s 848 are each amended to read as follows:

(1) In accordance with the provisions of chapter 34.05 RCW ((~~as now or as hereafter amended~~)), the director may by order ((~~deny, suspend or revoke~~)) sanction the license of any employment agency under section 112 of this act, if ((he)) the director finds that the applicant or licensee((:

(a) Was previously the holder of a license issued under this chapter, which was revoked for cause and never reissued by the director, or which license was suspended for cause and the terms of the suspension have not been fulfilled;

(b) Has been found guilty of any felony within the past five years involving moral turpitude, or for any misdemeanor concerning fraud or conversion, or suffering any judgment in any civil action involving wilful fraud, misrepresentation or conversion;

~~(c) Has made a false statement of a material fact in his application or in any data attached thereto;~~

~~(d)~~)) has violated any provisions of this chapter, or failed to comply with any rule or regulation issued by the director pursuant to this chapter.

(2) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((~~or a residential or visitation order~~)). If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 271. A new section is added to chapter 19.31 RCW to read as follows:

Sec. 272. RCW 19.105.350 and 1988 c 159 s 10 are each amended to read as follows:

(1) If the purchaser will own or acquire title to specified real property or improvements to be acquired by the camping resort, the director may by order require to the extent necessary to protect the interests of the purchasers or owners of camping resort contracts, that an appropriate portion of the proceeds paid under those camping resort contracts be placed in a separate reserve fund to be set aside and applied toward the purchase price of the real property, improvements, or facilities.

(2) The director may ((~~deny or suspend~~)) take any of the actions authorized in section 112 of this act against a registration in which the registrant is advertising or offering annual or periodic dues or assessments by members that the director finds would result in the registrant's future inability to fund operating costs.

Sec. 273. RCW 19.105.380 and 1997 c 58 s 850 are each amended to read as follows:

(1) ((~~A registration or an application for registration of camping resort contracts or renewals thereof may by order be denied, suspended, or revoked if the director finds that~~)) In addition to the unprofessional conduct in section 114 of this act, the director may take disciplinary action for the following conduct, acts, or conditions:

(a) ((~~The advertising, sales techniques, or trade practices of the applicant, registrant, or its affiliate or agent have been or are deceptive, false, or misleading;~~

~~(b)~~)) The applicant ((or)), registrant, or affiliate has failed to file copies of the camping resort contract form under RCW 19.105.360;

((~~(c)~~)) (b) The applicant, registrant, or affiliate has failed to comply with any provision of this chapter((~~, the rules adopted or the conditions of a permit granted under this chapter, or a stipulation or final order previously entered into by the operator or issued by the department under this chapter~~));

((~~(d)~~)) (c) The applicant's, registrant's, or affiliate's offering of camping resort contracts has worked or would work a fraud upon purchasers or owners of camping resort contracts;

((~~(e)~~)) (d) The camping resort operator or any officer, director, or affiliate of the camping resort operator has been ((~~within the last five years convicted of or pleaded nolo contendre to any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty, has been~~)) enjoined from or had any civil penalty assessed for a finding of dishonest dealing or fraud in a civil suit, or been found to have engaged in any violation of any act designed to protect consumers, or has been engaged in dishonest practices in any industry involving sales to consumers;

((~~(f)~~)) (e) The applicant or registrant has represented or is representing to purchasers in connection with the offer or sale of a camping resort contract that a camping resort property, facility, amenity camp site, or other development is planned, promised, or required, and the applicant or registrant has not provided the director with a security or assurance of performance as required by this chapter;

((~~(g)~~)) (f) The applicant or registrant has not provided or is no longer providing the director with the necessary security arrangements to ((~~assure~~)) ensure future availability of titles or properties as required by this chapter or agreed to in the permit to market;

((~~(h)~~)) (g) The applicant or registrant is or has been employing unregistered salespersons or offering or proposing a membership referral program not in compliance with this chapter;

((~~(i)~~)) (h) The applicant or registrant has breached any escrow, impound, reserve account, or trust arrangement or the conditions of an order or permit to market required by this chapter;

((~~(j) The applicant or registrant has breached any stipulation or order entered into in settlement of the department's filing of a previous administrative action;~~

~~(k)~~)) (i) The applicant or registrant has filed or caused to be filed with the director any document or affidavit, or made any statement during the course of a registration or exemption procedure with the director, that is materially untrue or misleading;

((~~(l)~~)) (j) The applicant or registrant has engaged in a practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

((~~(m)~~)) (k) The applicant, registrant, or any of its officers, directors, or employees, if the operator is other than a natural person, have willfully done, or permitted any of their salespersons or agents to do, any of the following:

(i) Engage in a pattern or practice of making untrue or misleading statements of a material fact, or omitting to state a material fact;

(ii) Employ any device, scheme, or artifice to defraud purchasers or members;

(iii) Engage in a pattern or practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;

((~~(n)~~)) (l) The applicant or registrant has failed to provide a bond, letter of credit, or other arrangement to ((~~assure~~)) ensure delivery of promised gifts, prizes, awards, or other items of consideration, as required under this chapter, breached such a security arrangement, or failed to maintain such a security arrangement in effect because of a resignation or loss of a trustee, impound, or escrow agent;

((~~(o)~~)) (m) The applicant or registrant has engaged in a practice of selling contracts using material amendments or codicils that have not been filed or are the consequences of breaches or alterations in previously filed contracts;

((~~(p)~~)) (n) The applicant or registrant has engaged in a practice of selling or proposing to sell contracts in a ratio of contracts to sites available in excess of that filed in the affidavit required by this chapter;

((~~(q)~~)) (o) The camping resort operator has withdrawn, has the right to withdraw, or is proposing to withdraw from use all or any portion of any camping resort property devoted to the camping resort program, unless:

(i) Adequate provision has been made to provide within a reasonable time thereafter a substitute property in the same general area that is at least as desirable for the purpose of camping and outdoor recreation;

(ii) The property is withdrawn because, despite good faith efforts by the camping resort operator, a nonaffiliate of the camping resort has exercised a right of withdrawal from use by the camping resort (such as withdrawal following expiration of a lease of the property to the camping resort) and the terms of the withdrawal right have been disclosed in writing to all purchasers at or prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

(iii) The specific date upon which the withdrawal becomes effective has been disclosed in writing to all purchasers and members prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;

(iv) The rights of members and owners of the camping resort contracts under the express terms of the camping resort contract have expired, or have been specifically limited, upon the lapse of a stated or determinable period of time, and the director by order has found that the withdrawal is not otherwise inconsistent with the protection of purchasers or the desire of the majority of the owners of camping resort contracts, as expressed in their previously obtained vote of approval;

((~~(r)~~)) (p) The format, form, or content of the written disclosures provided therein is not complete, full, or materially accurate, or statements made therein are materially false, misleading, or deceptive;

((~~(s) The applicant or registrant has failed or declined to respond to any subpoena lawfully issued and served by the department under this chapter;~~

~~(t)~~)) (q) The applicant or registrant has failed to file an amendment for a material change in the manner or at the time required under this chapter or its implementing rules;

((~~(u)~~)) (r) The applicant or registrant has filed voluntarily or been placed involuntarily into a federal bankruptcy or is proposing to do so; or

((~~(v)~~)) (s) A camping resort operator's rights or interest in a campground has been terminated by foreclosure or the operations in a camping resort have been terminated in a manner contrary to contract provisions.

(2) ((Any applicant or registrant who has violated subsection (1)(a), (b), (c), (f), (h), (i), (j), (l), (m), or (n) of this section may be fined by the director in an amount not to exceed one thousand dollars for each such violation. Proceedings seeking such fines shall be held in accordance with chapter 34.05 RCW and may be filed either separately or in conjunction with other administrative proceedings to deny, suspend, or revoke registrations authorized under this chapter. Fines collected from such proceedings shall be deposited in the state general fund.

~~(3)~~)) An operator, registrant, or applicant against whom administrative or legal proceedings have been filed shall be responsible for and shall reimburse the state, by payment into the general fund, for all administrative and legal costs actually incurred by the department in issuing, processing, and conducting any such administrative or legal proceeding authorized under this chapter that results in a final legal or administrative determination of any type or degree in favor of the department.

(((4) No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration or renewal under any of the above subsections and may summarily suspend or revoke a registration under subsection (1)(d), (f), (g), (h), (i), (k), (l), (m), and (n) of this section. No fine may be imposed by summary order.

~~(5) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.~~

~~(6)~~)) (3) The director may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement not to violate the stated provision. The applicant or registrant shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violating or breaching an assurance under this subsection is grounds for suspension or revocation of registration or imposition of a fine.

((~~(7)~~)) (4) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((~~or a residential or visitation order~~)). If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

Sec. 274. RCW 19.105.440 and 1997 c 58 s 851 are each amended to read as follows:

(1) A salesperson may apply for registration by filing in a complete and readable form with the director an application form provided by the director ((~~which~~)) that includes the following:

(a) A statement whether or not the applicant ((within the past five years has been convicted of, pleaded nolo contendre to, or been ordered to serve probation for a period of a year or more for any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty or the applicant has been enjoined from, had any civil penalty assessed for, or)) has been found to have engaged in any violation of any act designed to protect consumers and whether the applicant is qualified for licensure under section 114 of this act;

(b) A statement fully describing the applicant's employment history for the past five years and whether or not any termination of employment ((~~during the last five years~~)) was the result of any theft, fraud, or act of dishonesty;

(d) Required filing fees.

(2) ((The director may by order deny, suspend, or revoke a camping resort salesperson's registration or application for registration under this chapter or the person's license or application under chapter 18.85 RCW, or impose a fine on such persons not exceeding two hundred dollars per violation, if the director finds that the order is necessary for the protection of purchasers or owners of camping resort contracts and the applicant or registrant is guilty of)) In addition to the unprofessional conduct specified in section 114 of this act, the director may take disciplinary action against a camping resort salesperson's registration or application for registration under this chapter or the person's license or application under chapter 18.85 RCW for any of the following conduct, acts, or conditions:

(a) ((~~Obtaining registration by means of fraud, misrepresentation, or concealment, or through the mistake or inadvertence of the director;~~

~~(b)~~)) Violating any of the provisions of this chapter or any lawful rules adopted by the director pursuant thereto;

(((c) Being convicted in a court of competent jurisdiction of this or any other state, or federal court, of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, or any similar offense or offenses. For the purposes of this section, "being convicted" includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction, and all proceedings in which the sentence has been deferred or suspended;

~~(d)~~)) (b) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions, or promises purport to be made or to be performed by either the applicant or registrant and the applicant or registrant then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions, or promises;

((~~(e)~~)) (c) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the work, representation, or conduct of the applicant or registrant;

(((f) Failing, upon demand, to disclose to the director or the director's authorized representatives acting by authority of law any information within his or her knowledge or to produce for inspection any document, book or record in his or her possession, which is material to the salesperson's registration or application for registration;

~~(g)~~)) (d) Continuing to sell camping resort contracts in a manner whereby the interests of the public are endangered, if the director has, by order in writing, stated objections thereto;

(((h) Committing any act of fraudulent or dishonest dealing or a crime involving moral turpitude, and a certified copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter;

~~(i)~~)) (e) Misrepresentation of membership in any state or national association; or

((~~(j)~~)) (f) Discrimination against any person in hiring or in sales activity on the basis of race, color, creed, or national origin, or violating any state or federal antidiscrimination law.

(3) ((No order may be entered under this section without appropriate prior notice to the applicant or registrant of opportunity for a hearing and written findings of fact and conclusions of law, except that the director may by order summarily deny an application for registration under this section.

~~(4) The proceedings to deny an application or renewal, suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance with chapter 34.05 RCW.~~

~~(5)~~)) The director, subsequent to any complaint filed against a salesperson or pursuant to an investigation to determine violations, may enter into stipulated assurances of discontinuances in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement not to violate the stated provision. The salesperson shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for ((a)) disciplinary action((~~, a suspension of registration, or a fine not to exceed one thousand dollars~~)).

((~~(6)~~)) (4) The director may by rule require such further information or conditions for registration as a camping resort salesperson, including qualifying examinations and fingerprint cards prepared by authorized law enforcement agencies, as the director deems necessary to protect the interests of purchasers.

((~~(7)~~)) (5) Registration as a camping resort salesperson shall be effective for a period of one year unless the director specifies otherwise or the salesperson transfers employment to a different registrant. Registration as a camping resort salesperson shall be renewed annually, or at the time of transferring employment, whichever occurs first, by the filing of a form prescribed by the director for that purpose.

((~~(8)~~)) (6) It is unlawful for a registrant of camping resort contracts to employ or a person to act as a camping resort salesperson covered under this section unless the salesperson has in effect with the department and displays a valid registration in a conspicuous location at each of the sales offices at which the salesperson is employed. It is the responsibility of both the operator and the salesperson to notify the department when and where a salesperson is employed, his or her responsibilities and duties, and when the salesperson's employment or reported duties are changed or terminated.

((~~(9)~~)) (7) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((~~or a residential or visitation order~~)). If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

Sec. 275. RCW 19.105.470 and 2000 c 171 s 69 are each amended to read as follows:

(1) Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, any withdrawal of a camping resort property in violation of RCW 19.105.380(1)((~~(q)~~)) (o), or any rule, order, or permit issued under this chapter, the director may in his or her discretion issue an order directing the person to cease and desist from continuing the act or practice. ((~~Reasonable notice of and opportunity for a hearing shall be given.~~)) The procedures in section 116 of this act apply to these cease and desist orders. However, the director may issue a temporary order pending the hearing which shall be effective immediately upon delivery to the person affected and which shall remain in effect until ten days after the hearing is held and which shall become final if the person to whom notice is addressed does not request a hearing ((~~within fifteen days after receipt of notice~~)).

(2) If it appears necessary in order to protect the interests of members and purchasers, whether or not the director has issued a cease and desist order, the attorney general in the name of the state, the director, the proper prosecuting attorney, an affiliated members' common-interest association, or a group of members as a class, may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this chapter or any rule, order, or permit under this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant, for the defendant's assets, or to protect the interests or assets of a members' common-interest association or the members of a camping resort as a class. The state, the director, a members' common-interest association, or members as a class shall not be required to post a bond in such proceedings.

NEW SECTION. Sec. 276. A new section is added to chapter 19.105 RCW to read as follows:

Sec. 277. RCW 19.138.120 and 1999 c 238 s 4 are each amended to read as follows:

(1) Each seller of travel shall renew its registration on or before July 1st of every year or as otherwise determined by the director.

(2) Renewal of a registration is subject to the same provisions covering ((~~issuance, suspension, and revocation of~~)) disciplinary action as a registration originally issued.

(3) The director may refuse to renew a registration for any of the grounds set out under RCW 19.138.130 and section 114 of this act, and where the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry out the applicant's duties in accordance with law and with integrity and honesty. The director shall promptly notify the applicant in writing by certified mail of its intent to refuse to renew the registration. The registrant may((~~, within twenty-one days after receipt of that notice or intent,~~)) request a hearing on the refusal as provided in section 106 of this act. The director may permit the registrant to honor commitments already made to its customers, but no new commitments may be incurred, unless the director is satisfied that all new commitments are completely bonded or secured to ((~~insure~~)) ensure that the general public is protected from loss of money paid to the registrant. ((It is the responsibility of the registrant to contest the decision regarding conditions imposed or registration denied through the process established by the administrative procedure act, chapter 34.05 RCW.))

Sec. 278. RCW 19.138.130 and 1999 c 238 s 5 are each amended to read as follows:

(1) ((~~The director may deny, suspend, or revoke the registration of a seller of travel if the director finds that the applicant~~)) In addition to the unprofessional conduct described in section 114 of this act, the director may take disciplinary action based on the following conduct, acts, or conditions if the applicant or registrant:

(a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;

(b) ((~~Has been found guilty of a felony within the past ten years involving moral turpitude, or of a misdemeanor concerning fraud or conversion, or~~)) Suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;

~~(d)~~)) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter; or

((~~(e)~~)) (d) Has failed to display the registration as provided in this chapter((;

~~(f) Has published or circulated a statement with the intent to deceive, misrepresent, or mislead the public; or~~

~~(g) Has committed a fraud or fraudulent practice in the operation and conduct of a travel agency business, including, but not limited to, intentionally misleading advertising~~)).

(2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.

(3) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((~~or a residential or visitation order~~)). If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

Sec. 279. RCW 19.138.170 and 1999 c 238 s 7 are each amended to read as follows:

The director has the following powers and duties:

(1) To adopt, amend, and repeal rules to carry out the purposes of this chapter;

(2) ((~~To issue and renew registrations under this chapter and to deny or refuse to renew for failure to comply with this chapter;~~

~~(3) To suspend or revoke a registration for a violation of this chapter;~~

~~(4)~~)) To establish fees;

((~~(5)~~)) (3) Upon receipt of a complaint, to inspect and audit the books and records of a seller of travel. The seller of travel shall immediately make available to the director those books and records as may be requested at the seller of travel's place of business or at a location designated by the director. For that purpose, the director shall have full and free access to the office and places of business of the seller of travel during regular business hours. When ten or more complaints have been received by either the department or the attorney general on a seller of travel within a period of ninety days, the department shall inspect and audit books and records of the seller of travel; and

((~~(6)~~)) (4) To do all things necessary to carry out the functions, powers, and duties set forth in this chapter.

Sec. 280. RCW 19.138.180 and 1994 c 237 s 15 are each amended to read as follows:

The director, in the director's discretion, may:

(1) Annually, or more frequently, make public or private investigations within or without this state as the director deems necessary to determine whether a registration should be ((~~granted, denied, revoked, or suspended~~)) subject to disciplinary action, or whether a person has violated or is about to violate this chapter or a rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms of this chapter;

(2) Publish information concerning a violation of this chapter or a rule adopted or order issued under this chapter; and

(3) Investigate complaints concerning practices by sellers of travel for which registration is required by this chapter.

Sec. 281. RCW 19.138.200 and 1994 c 237 s 20 are each amended to read as follows:

The director or individuals acting on the director's behalf are immune from suit in any action, civil or criminal, based on ((~~disciplinary proceedings or other official~~)) acts performed in the course of their duties in the administration and enforcement of this chapter.

Sec. 282. RCW 19.138.240 and 1994 c 237 s 21 are each amended to read as follows:

(1) ((~~The director may assess against a person or organization that violates this chapter, or a rule adopted under this chapter, a civil penalty of not more than one thousand dollars for each violation.~~

(2) The person or organization shall be afforded the opportunity for a hearing, upon request made to the director within thirty days after the date of issuance of the notice of assessment. The hearing shall be conducted in accordance with chapter 34.05 RCW.

~~(3)~~)) A civil penalty shall be imposed by the court for each violation of this chapter in an amount not less than five hundred dollars nor more than two thousand dollars per violation.

((~~(4)~~)) (2) If a person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the state, the director may recover the amount assessed by action in the appropriate superior court. In the action, the validity and appropriateness of the final order imposing the penalty shall not be subject to review.

NEW SECTION. Sec. 283. A new section is added to chapter 19.138 RCW to read as follows:

Sec. 284. RCW 19.158.040 and 1989 c 20 s 4 are each amended to read as follows:

In addition to the unprofessional conduct described in section 114 of this act, the director of the department of licensing may take disciplinary action for any of the following conduct, acts, or conditions:

(1) It shall be unlawful for any person to engage in unfair or deceptive commercial telephone solicitation.

(2) A commercial telephone solicitor shall not place calls to any residence which will be received before 8:00 a.m. or after 9:00 p.m. at the purchaser's local time.

(3) A commercial telephone solicitor may not engage in any conduct the natural consequence of which is to harass, intimidate, or torment any person in connection with the telephone call.

Sec. 285. RCW 19.158.050 and 1997 c 58 s 853 are each amended to read as follows:

(1) In order to maintain or defend a lawsuit or do any business in this state, a commercial telephone solicitor must be registered with the department of licensing. Prior to doing business in this state, a commercial telephone solicitor shall register with the department of licensing. Doing business in this state includes both commercial telephone solicitation from a location in Washington and solicitation of purchasers located in Washington.

(2) The department of licensing, in registering commercial telephone solicitors, shall have the authority to require the submission of information necessary to assist in identifying and locating a commercial telephone solicitor, including past business history, prior judgments, and such other information as may be useful to purchasers.

(3) The department of licensing shall issue a registration number to the commercial telephone solicitor.

(4) ((~~It is a violation of this chapter for a commercial telephone solicitor to:~~)) In addition to the unprofessional conduct described in section 114 of this act, the director of the department of licensing may take disciplinary action for any of the following conduct, acts, or conditions:

(a) Failing to maintain a valid registration;

(b) ((~~Advertise~~)) Advertising that one is registered as a commercial telephone solicitor or ((to)) representing that such registration constitutes approval or endorsement by any government or governmental office or agency;

(c) ((~~Provide inaccurate or incomplete information to the department of licensing when making a registration application; or~~

~~(d)~~)) Representing that a person is registered or that such person has a valid registration number when such person does not.

(5) An annual registration fee shall be assessed by the department of licensing, the amount of which shall be determined at the discretion of the director of the department of licensing, and which shall be reasonably related to the cost of administering the provisions of this chapter.

(6) The department shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order ((~~or a residential or visitation order~~)). If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

NEW SECTION. Sec. 286. A new section is added to chapter 19.158 RCW to read as follows:

Sec. 287. RCW 42.44.030 and 1985 c 156 s 3 are each amended to read as follows:

In addition to the unprofessional conduct specified in section 114 of this act, the director may deny appointment as a notary public to any person ((~~who~~)) based on the following conduct, acts, or conditions:

(1) ((~~Has been convicted of a serious crime;~~

~~(2)~~)) Has had ((~~a notary appointment or other~~)) disciplinary action taken against any professional license ((~~revoked, suspended, or restricted~~)) in this or any other state; or

((~~(3)~~)) (2) Has engaged in official misconduct as defined in ((~~section 17(1) of this act~~)) RCW 42.44.160(1), whether or not criminal penalties resulted((~~; or~~

(4) Has performed a notarial act or acts in a manner found by the director to constitute gross negligence, a course of negligent conduct, or reckless disregard of his or her responsibility as a notary public)).

The director shall deliver a certificate evidencing the appointment to each person appointed as a notary public. The certificate may be signed in facsimile by the governor, the secretary of state, and the director or the director's designee. The certificate must bear a printed seal of the state of Washington.

Sec. 288. RCW 42.44.060 and 1985 c 156 s 6 are each amended to read as follows:

A person appointed as a notary public by the director may perform notarial acts in this state for a term of four years, unless:

(1) Disciplinary action has been taken against the notarial appointment ((~~has been revoked under RCW 42.44.130 or 42.44.140~~)), including a shorter term, suspension, or revocation; or

(2) The notarial appointment has been resigned.

Sec. 289. RCW 42.44.160 and 1985 c 156 s 16 are each amended to read as follows:

(1) A notary public commits official misconduct when he or she signs a certificate evidencing a notarial act, knowing that the contents of the certificate are false. Official misconduct also constitutes unprofessional conduct for which disciplinary action may be taken.

(2) A notary public who commits an act of official misconduct shall be guilty of a gross misdemeanor.

(3) Any person not appointed as a notary public who acts as or otherwise impersonates a notary public shall be guilty of a gross misdemeanor.

Sec. 290. RCW 42.44.170 and 1985 c 156 s 17 are each amended to read as follows:

(1) ((~~The director may revoke the appointment of any notary public for any reason for which appointment may be denied under RCW 42.44.030.~~

~~(2)~~)) The director shall revoke the appointment of a notary public upon a judicial finding of incompetency of the notary public. If a notary public is found to be incompetent, his or her guardian or conservator shall within thirty days of such finding mail or deliver to the director a letter of resignation on behalf of the notary public.

((~~(3)~~)) (2) A notary public may voluntarily resign by mailing or delivering to the director a letter of resignation.

Sec. 291. RCW 42.44.190 and 1985 c 156 s 20 are each amended to read as follows:

((~~On or before January 1, 1986,~~)) The director ((~~shall~~)) may adopt rules ((~~to carry out~~)) consistent with this chapter. Such rules shall include but shall not be limited to rules concerning applications for appointment, application and renewal fees, fees chargeable for notarial services, the replacement of lost or stolen seals or stamps, changes of names or addresses of notaries, resignations of notaries, ((~~appeals of denials and revocations of appointments,~~)) and issuance of evidences of authenticity of notarial seals and signatures.

NEW SECTION. Sec. 292. A new section is added to chapter 42.44 RCW to read as follows:

Sec. 293. RCW 46.72.100 and 1983 c 164 s 8 are each amended to read as follows:

In addition to the unprofessional conduct specified in section 114 of this act, the director may ((~~refuse to issue a permit or certificate, or he may suspend or revoke a permit or certificate~~)) take disciplinary action if he or she has good reason to believe that one of the following is true of the operator or the applicant for a permit or certificate: (1) ((~~He has been convicted of an offense of such a nature as to indicate that he is unfit to hold a certificate or permit; (2)~~)) He or she is guilty of committing two or more offenses for which mandatory revocation of driver's license is provided by law; ((~~(3)~~)) (2) he or she has been convicted of vehicular homicide or vehicular assault; ((~~(4)~~)) (3) he or she is intemperate or addicted to the use of narcotics.

((Notice of the director to refuse, suspend, or revoke the permit or certificate shall be given by certified mail to the holder or applicant for the permit or certificate and shall designate a time and place for a hearing before the director, which shall not be less than ten days from the date of the notice. If the director, after the hearing, decides that a permit shall be canceled or revoked, he shall notify the holder or applicant to that effect by certified mail. The applicant or permit holder may within thirty days from the date of the decision appeal to the superior court of Thurston county for a review of the decision by filing a copy of the notice with the clerk of the superior court and a copy of the notice in the office of the director. The court shall set the matter down for hearing with the least possible delay.))

Any for hire operator who operates a for hire vehicle without first having filed a bond or insurance policy and having received a for hire permit and a for hire certificate as required by this chapter is guilty of a gross misdemeanor, and upon conviction shall be punished by imprisonment in jail for a period not exceeding ninety days or a fine of not exceeding five hundred dollars, or both fine and imprisonment.

NEW SECTION. Sec. 294. A new section is added to chapter 46.72 RCW to read as follows:

Sec. 295. RCW 46.72A.100 and 1996 c 87 s 13 are each amended to read as follows:

The ((~~department may suspend, revoke, or refuse to issue a license if it has good reason to believe that~~)) director may impose any of the sanctions specified in section 112 of this act for unprofessional conduct as described in section 114 of this act or if one of the following is true of a chauffeur hired to drive a limousine including where such a chauffeur is also the carrier: (1) The person has been convicted of an offense of such a nature as to indicate that he or she is unfit to qualify as a chauffeur; (2) the person is guilty of committing two or more offenses for which mandatory revocation of a driver's license is provided by law; (3) the person has been convicted of vehicular homicide or vehicular assault; (4) the person is intemperate or addicted to narcotics.

NEW SECTION. Sec. 296. A new section is added to chapter 46.72A RCW to read as follows:

Sec. 297. RCW 64.36.040 and 1983 1st ex.s. c 22 s 5 are each amended to read as follows:

If no stop order is in effect and no proceeding is pending under RCW 64.36.100, a complete registration application becomes effective at 3:00 p.m. Pacific Standard Time on the afternoon of the thirtieth calendar day after the filing of the application or the last amendment or at such earlier time as the director determines.

Sec. 298. RCW 64.36.090 and 1987 c 370 s 9 are each amended to read as follows:

The director may ((~~by order deny, suspend, or revoke~~)) take disciplinary action against a timeshare salesperson's registration or application for registration or a salesperson's license under chapter 18.85 RCW who is selling under this chapter, if the director finds that the ((~~order is in the public interest and the~~)) applicant or registrant has committed unprofessional conduct as described in section 114 of this act. In addition, the director may take disciplinary action if the applicant or registrant:

(1) Has filed an application for registration as a timeshare salesperson or as a licensee under chapter 18.85 RCW which, as of its effective date, is incomplete in any material respect ((~~or contains any statement which is, in the light of the circumstances under which it was made, false or misleading with respect to any material fact~~));

(2) Has violated or failed to comply with any provision of this chapter or a predecessor act or any rule or order issued under this chapter or a predecessor act;

(3) ((~~Has been convicted within the past five years of any misdemeanor or felony involving theft, fraud, or any consumer protection statute, or any felony involving moral turpitude;~~

~~(4)~~)) Is permanently or temporarily enjoined by any court or administrative order from engaging in or continuing any conduct or practice involving any aspect of the timeshare business;

((~~(5)~~)) (4) Has engaged in dishonest or unethical practices in the timeshare, real estate, or camp resort business;

((~~(6)~~)) (5) Is insolvent either in the sense that the individual's liabilities exceed his or her assets or in the sense that the individual cannot meet his or her obligations as they mature; or

((~~(7)~~)) (6) Has not complied with any condition imposed by the director or is not qualified on the basis of such factors as training, experience, or knowledge of the timeshare business or this chapter.

((~~The director may by order summarily postpone or suspend registration of the salesperson pending final determination of any proceeding under RCW 64.36.180.~~))

Sec. 299. RCW 64.36.100 and 1987 c 370 s 10 are each amended to read as follows:

((~~(1)~~)) The director may ((~~issue an order denying, suspending, or revoking~~)) deny or take disciplinary action against any timeshare application or registration if the director finds that the ((~~order is in the public interest and that~~)) applicant or registrant has engaged in unprofessional conduct as described in section 114 of this act. In addition, the director may deny or take disciplinary action based on the following conduct, acts, or conditions:

((~~(a)~~)) (1) The application, written disclosure, or registration is incomplete ((~~or contains any statement which is false or misleading with respect to any material fact~~));

(((b) Any provision of this chapter, the permit to market, or any rule or order lawfully issued under this chapter has been violated by the promoter, its affiliates, or any natural person whose signature is required under this chapter;

~~(c)~~)) (2) The activities of the promoter include, or would include, activities which are unlawful or in violation of a law, rule, or ordinance in this state or another jurisdiction;

((~~(d)~~)) (3) The timeshare offering has worked or tended to work a fraud on purchasers, or would likely be adverse to the interests or the economic or physical welfare of purchasers;

((~~(e)~~)) (4) The protections and security arrangements to ((~~assure~~)) ensure future quiet enjoyment required under RCW 64.36.130 have not been provided as required by the director for the protection of purchasers((:)); or

((~~(f)~~)) (5) The operating budget proposed by the promoter or promoter-controlled association appears inadequate to meet operating costs or funding of reserve accounts or fees for a consultant to determine adequacy have not been paid by the promoter.

(((2) The director shall promptly notify the applicant or registrant of any order denying, suspending, or revoking registration and of the applicant's or registrant's right to request a hearing within fifteen days of notification. If the applicant or registrant does not request a hearing, the order remains in effect until the director modifies or vacates it.))

Sec. 300. RCW 64.36.195 and 1987 c 370 s 7 are each amended to read as follows:

The director or persons to whom the director delegates such powers may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant or registrant shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation or breaching of an assurance under this section shall ((~~be grounds for a suspension, revocation of registration, or imposition of a fine~~)) constitute unprofessional conduct for which disciplinary action may be taken under sections 112 and 114 of this act.

Sec. 301. RCW 64.36.200 and 1983 1st ex.s. c 22 s 19 are each amended to read as follows:

(1) The director may order any person to cease and desist from an act or practice if it appears that the person is violating or is about to violate any provision of this chapter or any rule or order issued under this chapter.

(2) Upon the entry of the temporary order to cease and desist, the director shall promptly notify the recipient of the order that it has been entered and the reasons therefor and that if requested in writing by such person within fifteen days after ((~~receipt~~)) service of the director's notification, the matter will be scheduled for hearing which shall be held within a reasonable time and in accordance with chapter 34.05 RCW. The temporary order shall remain in effect until ten days after the hearing is held.

(3) If a person does not request a hearing ((~~within fifteen days after receipt of notice of opportunity for hearing~~)), the order shall become final.

(4) Unlicensed timeshare activity is subject to section 116 of this act.

Sec. 302. RCW 64.36.220 and 1983 1st ex.s. c 22 s 21 are each amended to read as follows:

(1) The attorney general, in the name of the state or the director, may bring an action to enjoin any person from violating any provision of this chapter. Upon a proper showing, the superior court shall grant a permanent or temporary injunction, restraining order, or writ of mandamus. The court may make any additional orders or judgments which may be necessary to restore to any person any interest in any money or property, real or personal, which may have been acquired by means of any act prohibited or declared to be unlawful under this chapter. The prevailing party may recover costs of the action, including a reasonable attorney's fee.

(2) The superior court issuing an injunction shall retain jurisdiction. Any person who violates the terms of an injunction shall pay a civil penalty of not more than twenty-five thousand dollars.

(3) The attorney general, in the name of the state or the director, may apply to the superior court to appoint a receiver or conservator for any person, or the assets of any person, who is subject to a cease and desist order, permanent or temporary injunction, restraining order, or writ of mandamus.

(4) ((Any person who violates any provision of this chapter is subject to a civil penalty not to exceed two thousand dollars for each violation. Civil penalties authorized by this subsection shall be imposed in a civil action brought by the attorney general and shall be deposited in the general fund of the state treasury. Any action for recovery of a civil penalty shall be commenced within five years of the date of the alleged violation)) Proceedings for injunctions for unlicensed timeshare activity must be conducted under the provisions of section 116 of this act.

Sec. 303. RCW 64.36.230 and 1983 1st ex.s. c 22 s 22 are each amended to read as follows:

((~~(1)~~)) Any person who violates RCW 64.36.020 is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. Any person who knowingly violates RCW 64.36.020 or 64.36.210 is guilty of a class C felony punishable under chapter 9A.20 RCW. No indictment or information for a felony may be returned under this chapter more than five years after the alleged violation.

(((2) The director may refer evidence concerning violations of this chapter to the attorney general or the proper prosecuting attorney who may, with or without this reference, institute appropriate criminal proceedings.))

NEW SECTION. Sec. 304. A new section is added to chapter 64.36 RCW to read as follows:

Sec. 305. RCW 67.08.010 and 1997 c 205 s 2 are each amended to read as follows:

((~~(1)~~)) The department shall have power to issue and ((~~for cause to revoke, suspend, or deny~~)) take disciplinary action as provided in section 114 of this act against a license to conduct, hold, or promote boxing, martial arts, or wrestling events or closed circuit telecasts of these events as provided in this chapter and chapter 18.--- RCW (sections 101 through 124 of this act) under such terms and conditions and at such times and places as the department may determine.

(((2) In case the department revokes, suspends, or denies any license or issues a fine, such applicant, or license shall be entitled, upon application, to a hearing to be held under chapter 34.05 RCW, the administrative procedure act.))

Sec. 306. RCW 67.08.015 and 2000 c 151 s 2 are each amended to read as follows:

(1) In the interest of ensuring the safety and welfare of the participants, the department shall have power and it shall be its duty to direct, supervise, and control all boxing, martial arts, and wrestling events conducted within this state and an event may not be held in this state except in accordance with the provisions of this chapter. The department may, in its discretion, issue and for cause, which includes concern for the safety and welfare of the participants, ((~~deny, revoke, or suspend~~)) take any of the actions specified in section 112 of this act against a license to promote, conduct, or hold boxing, kickboxing, martial arts, or wrestling events where an admission fee is charged by any person, club, corporation, organization, association, or fraternal society.

(2) All boxing, kickboxing, martial arts, or wrestling events that:

(a) Are conducted by any common school, college, or university, whether public or private, or by the official student association thereof, whether on or off the school, college, or university grounds, where all the participating contestants are bona fide students enrolled in any common school, college, or university, within or without this state; or

(b) Are entirely amateur events promoted on a nonprofit basis or for charitable purposes;

are not subject to the licensing provisions of this chapter. A boxing, martial arts, kickboxing, or wrestling event may not be conducted within the state except under a license issued in accordance with this chapter and the rules of the department except as provided in this section.

(3) The director shall prohibit events unless all of the contestants are either licensed under this chapter or trained by an amateur or professional sanctioning body recognized by the department.

Sec. 307. RCW 67.08.017 and 1997 c 205 s 4 are each amended to read as follows:

In addition to the powers described in sections 104 and 105 of this act, the director or the director's designee has the following authority in administering this chapter:

(1) Adopt, amend, and rescind rules as deemed necessary to carry out this chapter;

(2) ((~~Issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under this chapter;~~

~~(3) Take or cause depositions to be taken and use other discovery procedures as needed in an investigation, hearing, or proceeding held under this chapter;~~

~~(4) Compel attendance of witnesses at hearings;~~

~~(5) In the course of investigating a complaint or report of unprofessional conduct, conduct practice reviews;~~

~~(6) Take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's practice pending proceedings by the director;~~

~~(7) Use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the director or the director's designee shall make the final decision in the hearing;~~

~~(8) Enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;~~

~~(9)~~)) Adopt standards of professional conduct or practice;

((~~(10) In the event of a finding of unprofessional conduct by an applicant or license holder, impose sanctions against a license applicant or license holder as provided by this chapter;~~

~~(11)~~)) (3) Enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement not to violate the stated provision. The applicant or license holder shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action; and

((~~(12) Designate individuals authorized to sign subpoenas and statements of charges;~~

~~(13) Employ the investigative, administrative, and clerical staff necessary for the enforcement of this chapter;~~

~~(14) Compel the attendance of witnesses at hearings; and~~

~~(15)~~)) (4) Establish and assess fines for violations of this chapter that may be subject to payment from a contestant's purse.

Sec. 308. RCW 67.08.090 and 1999 c 282 s 6 are each amended to read as follows:

(1) Each contestant for boxing, kickboxing, or martial arts events shall be examined within twenty-four hours before the contest by an event physician licensed by the department. The event physician shall report in writing and over his or her signature before the event the physical condition of each and every contestant to the inspector present at such contest. No contestant whose physical condition is not approved by the event physician shall be permitted to participate in any event. Blank forms for event physicians' reports shall be provided by the department and all questions upon such blanks shall be answered in full. The event physician shall be paid a fee and travel expenses by the promoter.

(2) The department may require that an event physician be present at a wrestling event. The promoter shall pay the event physician present at a wrestling event. A boxing, kickboxing, or martial arts event may not be held unless an event physician licensed by the department is present throughout the event.

(3) Any physician licensed under RCW 67.08.100 may be selected by the department as the event physician. The event physician present at any contest shall have authority to stop any event when in the event physician's opinion it would be dangerous to a contestant to continue, and in such event it shall be the event physician's duty to stop the event.

(4) The department may have a participant in a wrestling event examined by an event physician licensed by the department prior to the event. A participant in a wrestling event whose condition is not approved by the event physician shall not be permitted to participate in the event.

(5) Each contestant for boxing, kickboxing, martial arts, or wrestling events may be subject to a random urinalysis or chemical test within twenty-four hours before or after a contest. In addition to the unprofessional conduct specified in section 114 of this act, an applicant or licensee who refuses or fails to submit to the urinalysis or chemical test is subject to disciplinary action under ((~~RCW 67.08.240~~)) section 112 of this act. If the urinalysis or chemical test is positive for substances prohibited by rules adopted by the director, the applicant or licensee has engaged in unprofessional conduct and disciplinary action ((~~shall~~)) may be taken under ((~~RCW 67.08.240~~)) section 112 of this act.

Sec. 309. RCW 67.08.100 and 2001 c 246 s 1 are each amended to read as follows:

(1) The department upon receipt of a properly completed application and payment of a nonrefundable fee, may grant an annual license to an applicant for the following: (a) Promoter; (b) manager; (c) boxer; (d) second; (e) wrestling participant; (f) inspector; (g) judge; (h) timekeeper; (i) announcer; (j) event physician; (k) referee; (l) matchmaker; (m) kickboxer; and (n) martial arts participant.

(2) The application for the following types of licenses shall include a physical performed by a physician, as defined in RCW 67.08.002, which was performed by the physician with a time period preceding the application as specified by rule: (a) Boxer; (b) wrestling participant; (c) kickboxer; (d) martial arts participant; and (e) referee.

(3) An applicant for the following types of licenses for the sports of boxing, kickboxing, and martial arts shall provide annual proof of certification as having adequate experience, skill, and training from an organization approved by the department, including, but not limited to, the association of boxing commissions, the international boxing federation, the international boxing organization, the Washington state association of professional ring officials, the world boxing association, the world boxing council, or the world boxing organization for boxing officials, and the united full contact federation for kickboxing and martial arts officials: (a) Judge; (b) referee; (c) inspector; (d) timekeeper; or (e) other officials deemed necessary by the department.

(4) ((~~Any license may be revoked, suspended, or denied by the director for a violation of this chapter or a rule adopted by the director.~~

~~(5)~~)) No person shall participate or serve in any of the above capacities unless licensed as provided in this chapter.

((~~(6)~~)) (5) The referees, judges, timekeepers, event physicians, and inspectors for any boxing event shall be designated by the department from among licensed officials.

((~~(7)~~)) (6) The referee for any wrestling event shall be provided by the promoter and shall be licensed as a wrestling participant.

((~~(8)~~)) (7) The department shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

((~~(9)~~)) (8) A person may not be issued a license if the person has an unpaid fine outstanding to the department.

((~~(10)~~)) (9) A person may not be issued a license unless they are at least eighteen years of age.

((~~(11)~~)) (10) This section shall not apply to contestants or participants in events at which only amateurs are engaged in contests and/or fraternal organizations and/or veterans' organizations chartered by congress or the defense department or any recognized amateur sanctioning body recognized by the department, holding and promoting athletic events and where all funds are used primarily for the benefit of their members. Upon request of the department, a promoter, contestant, or participant shall provide sufficient information to reasonably determine whether this chapter applies.

Sec. 310. RCW 67.08.110 and 1999 c 282 s 8 are each amended to read as follows:

(1) Any person or any member of any group of persons or corporation promoting boxing events who shall participate directly or indirectly in the purse or fee of any manager of any boxers or any boxer and any licensee who shall conduct or participate in any sham or fake boxing event ((~~shall be subject to license suspension, revocation, or fine and such revoked, suspended, or fined licensee shall not be entitled to receive any license issued under this chapter~~)) has engaged in unprofessional conduct and is subject to the sanctions specified in section 112 of this act.

(2) A manager of any boxer, kickboxer, or martial arts participant who allows any person or any group of persons or corporation promoting boxing, kickboxing, or martial arts events to participate directly or indirectly in the purse or fee, or any boxer, kickboxer, or martial arts participant or other licensee who conducts or participates in any sham or fake boxing, kickboxing, or martial arts event has engaged in unprofessional conduct and is subject to ((~~disciplinary action under RCW 67.08.240~~)) the sanctions specified in section 112 of this act.

Sec. 311. RCW 67.08.130 and 1997 c 205 s 13 are each amended to read as follows:

Whenever any licensee shall fail to make a report of any event within the time prescribed by this chapter or when such report is unsatisfactory to the department, the director may examine the books and records of such licensee; he or she may subpoena and examine under oath any officer of such licensee and such other person or persons as he or she may deem necessary to a determination of the total gross receipts from any event and the amount of tax thereon. If, upon the completion of such examination it shall be determined that an additional tax is due, notice thereof shall be served upon the licensee, ((~~and if such licensee shall fail~~)) providing the licensee with an opportunity to request a hearing under chapter 34.05 RCW. The failure to request a hearing within twenty days of service of the notice constitutes a default, whereupon the director will enter a decision on the facts available. Failure to pay such additional tax within twenty days after service of ((~~such notice such delinquent~~)) a final order constitutes unprofessional conduct and the licensee ((~~shall~~)) may be subject to ((~~revocation of~~)) disciplinary action against its license and shall be disqualified from receiving any new license. ((In addition, such licensee shall be liable to this state in the penal sum of one thousand dollars to be collected by the attorney general by civil action in the name of the state in the manner provided by law.))

Sec. 312. RCW 67.08.140 and 1997 c 205 s 14 are each amended to read as follows:

Any person, club, corporation, organization, association, fraternal society, participant, or promoter conducting or participating in boxing or wrestling events within this state without having first obtained a license therefor in the manner provided by this chapter is in violation of this chapter and shall be guilty of a misdemeanor excepting the events excluded from the operation of this chapter by RCW 67.08.015. ((The attorney general, each prosecuting attorney, the department, or any citizen of any county where any person, club, corporation, organization, association, fraternal society, promoter, or participant shall threaten to hold, or appears likely to hold or participate in athletic events in violation of this chapter, may in accordance with the laws of this state governing injunctions, enjoin such person, club, corporation, organization, association, fraternal society, promoter, or participant from holding or participating in the event.))

Sec. 313. RCW 67.08.180 and 1997 c 205 s 16 are each amended to read as follows:

In addition to the unprofessional conduct specified in section 114 of this act, the following conduct, acts, or conditions constitute unprofessional conduct for which disciplinary action may be taken:

(1) ((~~It is a violation of this chapter for any promoter or person associated with or employed by any promoter to destroy~~)) Destruction of any ticket or ticket stub, whether sold or unsold, within three months after the date of any event, by any promoter or person associated with or employed by any promoter.

(2) ((~~It is a violation of this chapter for a wrestling participant to deliberately cut himself or herself or otherwise mutilate himself or herself~~)) The deliberate cutting of himself or herself or other self mutilation by a wrestling participant while participating in a wrestling event.

(3) ((~~The department shall revoke the license of a licensee convicted~~)) A conviction under chapter 69.50 RCW.

(4) ((~~The director shall revoke the license of a licensee~~)) Testing positive for illegal use of a controlled substance as defined in RCW 69.50.101((~~, and shall deny the application of an applicant testing positive for a controlled substance as defined in RCW 69.50.101~~)).

(5) The striking of any person that is not a licensed participant at a wrestling event ((~~constitutes grounds for suspension, fine, revocation, or any combination thereof~~)).

Sec. 314. RCW 67.08.300 and 1997 c 205 s 24 are each amended to read as follows:

The director or individuals acting on the director's behalf are immune from suit in an action, civil or criminal, based on ((~~disciplinary proceedings or other~~)) official acts performed in the course of their duties in the administration and enforcement of this chapter.

NEW SECTION. Sec. 315. A new section is added to chapter 67.08 RCW to read as follows:

Sec. 316. RCW 68.05.105 and 1987 c 331 s 10 are each amended to read as follows:

In addition to the authority in section 104 of this act, the board has the following authority:

(1) To adopt, amend, and rescind such rules as are deemed necessary to carry out this title; and

(2) ((~~To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings;~~

~~(3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under this title;~~

~~(4) To take or cause depositions to be taken and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this title;~~

~~(5) To compel attendance of witnesses at hearings;~~

~~(6) In the course of investigating a complaint, to conduct practice reviews;~~

~~(7) To take emergency action pending proceedings by the board;~~

~~(8) To use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the board shall make the final decision;~~

(9) To use consultants or individual members of the board to assist in the direction of investigations and issuance of statements of charges. However, those board members shall not subsequently participate in the hearing of the case;

~~(10) To enter into contracts for professional services determined to be necessary for adequate enforcement of this title;~~

(11) To contract with persons or organizations to provide services necessary for the monitoring and supervision of licensees, or authorities who are for any authorized purpose subject to monitoring by the board;

~~(12)~~)) To adopt standards of professional conduct or practice((;

(13) To grant or deny authorities or license applications, and in the event of a finding of unprofessional conduct by an applicant, authority, or license holder, to impose any sanction against a license applicant, authority, or license holder provided by this title;

(14) To enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant, holder of an authority to operate, or license holder shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action;

~~(15) To revoke the license or authority;~~

~~(16) To suspend the license or authority for a fixed or indefinite term;~~

~~(17) To restrict or limit the license or authority;~~

~~(18) To censure or reprimand;~~

~~(19) To cause compliance with conditions of probation for a designated period of time;~~

~~(20) To fine for each violation of this title, not to exceed one thousand dollars per violation. Funds received shall be placed in the cemetery account;~~

~~(21) To order corrective action.~~

Any of the actions under this section may be totally or partly stayed by the board. In determining what action is appropriate, the board must first consider what sanctions are necessary to protect or compensate the public. All costs associated with compliance with orders issued under this section are the obligation of the license or authority holder or applicant)).

Sec. 317. RCW 68.05.170 and 1987 c 331 s 23 are each amended to read as follows:

(1) Whenever the board finds, after notice and hearing, that any endowment care funds have been invested in violation of this title, it ((~~shall~~)) may by written order mailed to the person or body in charge of the fund require the reinvestment of the funds in conformity with this title within the period specified by it which shall be not more than six months. Such period may be extended by the board in its discretion.

(2) The board may bring actions for the preservation and protection of endowment care funds in the superior court of the county in which the cemetery is located and the court shall appoint substitute trustees and make any other order which may be necessary for the preservation, protection, and recovery of endowment care funds, whenever a cemetery authority or the trustees of its fund have:

(a) Transferred or attempted to transfer any property to, or made any loan from, the endowment care funds for the benefit of the cemetery authority or any director, officer, agent or employee of the cemetery authority or trustee of any endowment care funds; or,

(b) Failed to reinvest endowment care funds in accordance with a board order issued under subsection ((~~one~~)) (1) of this section; or,

(d) Taken action or failed to take action to preserve and protect the endowment care funds, evidencing a lack of concern therefor; or,

(e) Become financially irresponsible or transferred control of the cemetery authority to any person who, or business entity which, is financially irresponsible; or,

(f) Is in danger of becoming insolvent or has gone into bankruptcy or receivership; or,

(g) Taken any action in violation of Title 68 RCW or failed to take action required by Title 68 RCW or has failed to comply with lawful rules((~~, regulations~~)) and orders of the board.

(3) Whenever the board or its representative has reason to believe that endowment care funds or prearrangement trust funds are in danger of being lost or dissipated during the time required for notice and hearing, it may immediately impound or seize documents, financial instruments, or other trust fund assets, or take other actions deemed necessary under the circumstances for the preservation and protection of endowment care funds or prearrangement trust funds, including, but not limited to, immediate substitutions of trustees.

Sec. 318. RCW 68.05.235 and 1987 c 331 s 19 are each amended to read as follows:

(1) Each authorized cemetery authority shall within ninety days after the close of its accounting year file with the board upon the board's request a true and accurate statement of its financial condition, transactions, and affairs for the preceding year. The statement shall be on such forms and shall contain such information as required by this chapter and by the board.

(2) The failure to file a statement as required under subsection (1) of this section constitutes unprofessional conduct for which the board ((~~shall suspend or revoke~~)) may take disciplinary action against the prearrangement sales license of ((~~any~~)) the cemetery authority ((~~which fails to comply with the request~~)). In addition, the board may take disciplinary action against any other license held by the cemetery authority.

Sec. 319. RCW 68.05.259 and 1987 c 331 s 22 are each amended to read as follows:

If any cemetery authority refuses to pay any examination expenses within thirty days of completion of the examination or refuses to pay certain examination expenses in advance as required by the department for cause, the board ((~~shall revoke~~)) may take disciplinary action against any existing certificate of authority. Examination expenses incurred in conjunction with a transfer of ownership of a cemetery shall be paid by the selling entity. All examination expense moneys collected by the department shall be paid to the ((~~department~~)) program account.

Sec. 320. RCW 68.05.300 and 1987 c 331 s 25 are each amended to read as follows:

((~~The board may revoke, suspend, or terminate a certificate of authority or prearrangement sales license if a~~)) In addition to the unprofessional conduct described in section 114 of this act, the board may take disciplinary action if the cemetery authority:

(1) Fails to comply with any provision of this chapter or any proper order or regulation of the board;

(2) Is found by the board to be in such condition that further execution of prearrangement contracts would be hazardous to purchasers or beneficiaries and the people of this state; or

(3) (( ~~Refuses to be examined, or refuses to submit to examination or to produce its accounts, records, and files for examination by the board when required;~~

~~(4)~~)) Is found by the board after investigation or receipt of reliable information to be managed by persons who are incompetent or untrustworthy or so lacking in managerial experience as to make the proposed or continued operation hazardous to purchasers, beneficiaries, or the public((~~; or~~

~~(5) Is found by the board to use false, misleading, or deceptive advertisements or sales methods~~)).

Sec. 321. RCW 68.05.310 and 1989 c 175 s 124 are each amended to read as follows:

((The board or its authorized representative shall give a cemetery authority notice of its intention to suspend, revoke, or refuse to renew a certificate of authority or a prearrangement sales license, and shall grant the cemetery authority a hearing, in the manner required for adjudicative proceedings under chapter 34.05 RCW, the Administrative Procedure Act, before the order of suspension, revocation, or refusal may become effective.))

No cemetery authority whose prearrangement sales license has been ((~~suspended, revoked, or refused~~)) the subject of disciplinary action shall be authorized to enter into prearrangement contracts unless specifically authorized by the board and only upon full compliance with the conditions required by the board. Any prearrangement sale by an unlicensed cemetery authority shall be voidable by the purchaser who shall be entitled to a full refund.

Sec. 322. RCW 68.05.320 and 1979 c 21 s 32 are each amended to read as follows:

(1) The board or its authorized representative may issue and serve upon a cemetery authority a notice of charges if in the opinion of the board or its authorized representative the cemetery authority:

(a) Is engaging in or has engaged in practices likely to endanger the future delivery of cemetery merchandise or services, unconstructed crypts or niches, or undeveloped graves;

(b) Is violating or has violated any statute of the state of Washington or any rule of the board; or

(c) Is about to do an act prohibited in ((~~(1)~~))(a) or ((~~(1)~~))(b) of this subsection when the opinion is based upon reasonable cause.

(2) The notice shall contain a statement of the facts constituting the alleged violation or practice and shall fix a time and place at which a hearing will be held to determine whether an order to cease and desist should issue against the cemetery authority. The hearing shall be set not earlier than ten nor later than thirty days after service of the notice unless a later date is set by the board or its authorized representative at the request of the cemetery authority.

Unless the cemetery authority appears at the hearing by a duly authorized representative it shall be deemed to have consented to the issuance of a cease and desist order. In the event of this consent or if upon the record made at the hearing the board finds that any violation or practice specified in the notice of charges has been established, the board may issue and serve upon the cemetery authority an order to cease and desist from the violation or practice. The order may require the cemetery authority and its directors, officers, employees, and agents to cease and desist from the violation or practice and may require the cemetery authority to take affirmative action to correct the conditions resulting from the violation or practice.

(3) A cease and desist order shall become effective at the expiration of ten days after service of the order upon the cemetery authority except that a cease and desist order issued upon consent shall become effective as provided in the order unless it is stayed, modified, terminated, or set aside by action of the board or a reviewing court.

(4) The powers of the board under this section are in addition to the power of the board to ((~~refuse to renew or to revoke or suspend~~)) take disciplinary action against a cemetery authority's prearrangement sales license.

Sec. 323. RCW 68.05.330 and 1987 c 331 s 27 are each amended to read as follows:

Unless specified otherwise in this title, any person who violates or aids or abets any person in the violation of any of the provisions of this title shall be guilty of a class C felony punishable under chapter 9A.20 RCW. A violation shall constitute an unfair practice under chapter 19.86 RCW and shall be grounds for ((~~revocation of~~)) disciplinary action against the certificate of authority under this chapter and chapter 18.--- RCW (sections 101 through 124 of this act) or ((~~revocation of~~)) disciplinary action against the prearrangement sales license under this chapter and chapter 18.--- RCW (sections 101 through 124 of this act). Retail installment transactions under this chapter shall be governed by chapter 63.14 RCW. The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law.

Sec. 324. RCW 68.05.340 and 1987 c 331 s 28 are each amended to read as follows:

Whenever the board or its authorized representative determines that a cemetery authority is in violation of this title, other than engaging in unlicensed activity, or that the continuation of acts or practices of the cemetery authority is likely to cause insolvency or substantial dissipation of assets or earnings of the cemetery authority's endowment care or prearrangement trust fund or to otherwise seriously prejudice the interests of the purchasers or beneficiaries of prearrangement contracts, the board, or its authorized representative, may issue a temporary order requiring the cemetery authority to cease and desist from the violation or practice. The order shall become effective upon service on the cemetery authority and shall remain effective unless set aside, limited, or suspended by a court in proceedings under RCW 68.05.350 or until the board dismisses the charges specified in the notice under RCW 68.05.320 or until the effective date of a cease and desist order issued against the cemetery authority under RCW 68.05.320. Actions for unlicensed activity must be conducted under section 116 of this act.

Sec. 325. RCW 68.05.350 and 1987 c 331 s 29 are each amended to read as follows:

Within ten days after a cemetery authority has been served with a temporary cease and desist order issued under RCW 68.05.320, the cemetery authority may apply to the superior court in the county of its principal place of business for an injunction setting aside, limiting, or suspending the order pending completion of the administrative proceedings under RCW 68.05.320.

NEW SECTION. Sec. 326. A new section is added to chapter 68.05 RCW to read as follows:

Sec. 327. RCW 79A.60.480 and 2000 c 11 s 109 are each amended to read as follows:

(1) The department of licensing ((~~shall~~)) may issue a whitewater river outfitter's license to an applicant who submits a completed application, pays the required fee, and complies with the requirements of this section.

(2) An applicant for a whitewater river outfitter's license shall make application upon a form provided by the department of licensing. The form must be submitted annually and include the following information:

(a) The name, residence address, and residence telephone number, and the business name, address, and telephone number of the applicant;

(b) Certification that all employees, subcontractors, or independent contractors hired as guides meet training standards under RCW 79A.60.430 before carrying any passengers for hire;

(c) Proof that the applicant has liability insurance for a minimum of three hundred thousand dollars per claim for occurrences by the applicant and the applicant's employees that result in bodily injury or property damage. All guides must be covered by the applicant's insurance policy;

(d) Certification that the applicant will maintain the insurance for a period of not less than one year from the date of issuance of the license; and

(e) Certification by the applicant that for a period of not less than twenty-four months immediately preceding the application the applicant:

(i) Has not had a license, permit, or certificate to carry passengers for hire on a river revoked by another state or by an agency of the government of the United States due to a conviction for a violation of safety or insurance coverage requirements no more stringent than the requirements of this chapter; and

(ii) Has not been denied the right to apply for a license, permit, or certificate to carry passengers for hire on a river by another state.

(3) The department of licensing shall charge a fee for each application, to be set in accordance with RCW 43.24.086.

(4) Any person advertising or representing himself or herself as a whitewater river outfitter who is not currently licensed is guilty of a gross misdemeanor.

(5) The department of licensing shall submit annually a list of licensed persons and companies to the department of community, trade, and economic development, tourism promotion division.

(6) If an insurance company cancels or refuses to renew insurance for a licensee, the insurance company shall notify the department of licensing in writing of the termination of coverage and its effective date not less than thirty days before the effective date of termination.

(a) Upon receipt of an insurance company termination notice, the department of licensing shall send written notice to the licensee that on the effective date of termination the department of licensing will suspend the license unless proof of insurance as required by this section is filed with the department of licensing before the effective date of the termination.

(b) If an insurance company fails to give notice of coverage termination, this failure shall not have the effect of continuing the coverage.

(c) The department of licensing may ((~~suspend a license under this section~~)) sanction a license under section 112 of this act if the licensee fails to maintain in full force and effect the insurance required by this section.

(7) The state of Washington shall be immune from any civil action arising from the issuance of a license under this section.

Sec. 328. RCW 79A.60.490 and 2000 c 11 s 111 are each amended to read as follows:

Within five days after conviction for any of the provisions of RCW 79A.60.430 through 79A.60.480, the court shall forward a copy of the judgment to the department of licensing. After receiving proof of conviction, the department of licensing may ((~~suspend~~)) sanction the license of any whitewater river outfitter ((~~for a period not to exceed one year or until~~)) under section 112 of this act. Proof of compliance with all licensing requirements and correction of the violation under which the whitewater river outfitter was convicted may be considered by the department as mitigating factors when taking disciplinary action.

NEW SECTION. Sec. 329. A new section is added to chapter 79A.60 RCW to read as follows:

PART 3

NEW SECTION. Sec. 401. The following acts or parts of acts are each repealed:

(1) RCW 18.08.450 (Actions against certificate--Discipline--Board's authority--Procedure) and 1989 c 175 s 59 & 1985 c 37 s 16;

(2) RCW 18.39.400 (Disciplinary authority of board--Rules) and 1994 c 17 s 2;

(3) RCW 18.39.430 (Statement of charge of violation--Notice--Hearing) and 1994 c 17 s 5;

(4) RCW 18.39.440 (Hearings--Procedures--Administrative Procedure Act) and 1994 c 17 s 6;

(5) RCW 18.39.460 (Actions against license--Exceptions) and 1994 c 17 s 8;

(6) RCW 18.39.470 (Order--When effective--Stay) and 1994 c 17 s 9;

(7) RCW 18.39.480 (Appeal) and 1994 c 17 s 10;

(8) RCW 18.39.490 (Reinstatement--Hearings--Examination) and 1994 c 17 s 11;

(9) RCW 18.39.500 (Finding of unprofessional conduct--Order--Sanctions--Stay--Costs) and 1994 c 17 s 12;

(10) RCW 18.39.510 (Informal disposal--Statement of allegations--Summary of evidence--Stipulation--Sanctions--Disclosure--Enforcement) and 2000 c 171 s 11 & 1994 c 17 s 13;

(11) RCW 18.39.520 (Enforcement of fine) and 1994 c 17 s 14;

(12) RCW 18.39.540 (Violation of injunction--Penalties) and 1994 c 17 s 16;

(13) RCW 18.39.550 (Crime by license, registration, endorsement, or permit holder--Notice by board) and 1994 c 17 s 17;

(14) RCW 18.43.140 (Injunctive relief, proof--Board's immunity from liability--Prosecutions) and 1959 c 297 s 3;

(15) RCW 18.85.251 (Disciplinary action--Procedure--Investigation--Hearing) and 1988 c 205 s 7, 1987 c 332 s 11, 1981 c 67 s 22, & 1951 c 222 s 23;

(16) RCW 18.85.360 (Witnesses--Depositions--Fees--Subpoenas) and 1997 c 322 s 25 & 1957 c 52 s 49;

(17) RCW 18.96.130 (Charges against registrants--Hearings--Findings--Penalties) and 1985 c 18 s 4 & 1969 ex.s. c 158 s 13;

(18) RCW 18.140.180 (Hearings--Orders--Judicial review) and 1993 c 30 s 20 & 1989 c 414 s 22;

(19) RCW 18.165.190 (Violations--Statement of charges--Hearings) and 1995 c 277 s 37 & 1991 c 328 s 19;

(20) RCW 18.165.200 (Application of administrative procedure act to hearings) and 1991 c 328 s 20;

(21) RCW 18.165.240 (Unlicensed practice--Complaints--Director's authority--Injunctions--Penalty) and 1995 c 277 s 39 & 1991 c 328 s 24;

(22) RCW 18.165.250 (Violation of injunction--Penalty) and 1991 c 328 s 25;

(23) RCW 18.165.260 (Immunity) and 1991 c 328 s 26;

(24) RCW 18.170.190 (Complaints--Investigation--Immunity) and 1995 c 277 s 14 & 1991 c 334 s 19;

(25) RCW 18.170.200 (Violations--Statement of charges--Hearings) and 1991 c 334 s 20;

(26) RCW 18.170.240 (Enforcement of orders for payment of fines) and 1991 c 334 s 24;

(27) RCW 18.170.250 (Unlicensed practice--Complaints--Director's authority--Injunctions--Penalty) and 1995 c 277 s 16 & 1991 c 334 s 25;

(28) RCW 18.170.260 (Violation of injunction--Penalty) and 1991 c 334 s 26;

(29) RCW 18.170.270 (Immunity) and 1991 c 334 s 27;

(30) RCW 18.185.150 (Hearing procedures) and 1993 c 260 s 16;

(31) RCW 18.185.160 (Enforcement of monetary penalty) and 1993 c 260 s 17;

(32) RCW 18.185.180 (Civil penalties) and 1993 c 260 s 19;

(33) RCW 18.185.190 (Official immunity) and 1993 c 260 s 20;

(34) RCW 19.16.360 (Licenses--Denial, suspension, revocation or refusal to renew--Civil penalty--Hearing) and 1977 ex.s. c 194 s 3, 1973 1st ex.s. c 20 s 4, & 1971 ex.s. c 253 s 27;

(35) RCW 19.16.380 (Administrative procedure act--Application) and 1971 ex.s. c 253 s 29;

(36) RCW 19.16.400 (Investigations or proceedings--Powers of director or designees--Contempt) and 1973 1st ex.s. c 20 s 5 & 1971 ex.s. c 253 s 31;

(37) RCW 19.105.460 (Investigations--Powers relating to--Proceedings for contempt) and 1982 c 69 s 17;

(38) RCW 19.138.190 (Investigations--Powers of director, officer) and 1994 c 237 s 16;

(39) RCW 19.138.210 (Violations--Cease and desist order--Notice--Hearing) and 1994 c 237 s 17;

(40) RCW 19.138.220 (Enjoining unregistered person--Additional to criminal liability) and 2001 c 44 s 3 & 1994 c 237 s 18;

(41) RCW 19.138.230 (Violation of injunction--Penalties--Jurisdiction) and 1994 c 237 s 19;

(42) RCW 19.138.300 (Administrative procedure act governs) and 1994 c 237 s 25;

(43) RCW 19.158.060 (Failure to register--Penalty) and 1989 c 20 s 6;

(44) RCW 64.36.180 (Entry of order--Summary order--Notice--Hearing) and 1983 1st ex.s. c 22 s 17;

(45) RCW 64.36.190 (Director's powers--Application to superior court to compel compliance) and 1983 1st ex.s. c 22 s 18;

(46) RCW 64.36.280 (Administration of chapter--Delegation of powers) and 1983 1st ex.s. c 22 s 27;

(47) RCW 64.36.300 (Application of chapter 34.05 RCW) and 1983 1st ex.s. c 22 s 30;

(48) RCW 67.08.120 (Violation of rules--Penalties) and 1999 c 282 s 9, 1997 c 205 s 12, 1993 c 278 s 22, 1989 c 127 s 12, & 1933 c 184 s 18;

(49) RCW 67.08.210 (Unprofessional conduct--Investigation--Notice of charge--Request for hearing--Time of hearing--Notice) and 1997 c 205 s 18;

(50) RCW 67.08.230 (Fine--Order for payment--Enforcement--Proof of validity) and 1997 c 205 s 20;

(51) RCW 67.08.250 (Unlicensed practice or conduct violating chapter--Investigation--Cease and desist orders--Injunction in name of state--Criminal liability not precluded--Penalty) and 1997 c 205 s 22; and

(52) RCW 67.08.260 (Violation of injunction--Penalties--Jurisdiction) and 1997 c 205 s 23.

NEW SECTION. Sec. 402. Part headings used in this act are not any part of the law.

NEW SECTION. Sec. 403. (1) Sections 201 through 240 and 242 through 401 of this act take effect January 1, 2003.

(2) Section 241 of this act takes effect July 1, 2003.

NEW SECTION. Sec. 404. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.